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CALIF^ORNlA 

Stt^te  Library. 


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Accession  JVo...  JL3(>20d.. 


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Call  Jfo. 


THE 

PENAL  CODE 

OF 

CALIFORNIA. 


ENACTED    IN    1872; 
AS    AMENDED    UP    TO    AND    INCLUDING    1905,    "WITH    STATUTORY 
HISTORY  AND   CITATION  DIGEST  UP  TO  AND   IN- 
CLUDING     VOLUME      147,      CALIFORNIA 
REPORTS. 


...STATE... 


EDITED    BY 

[ES   H.    DEERING, 

Of   the   San   Francisco   Bar. 


STATUTORY     HISTORY    AND     CITATION    DIGEST     BY 

WALTER  S.    BRANN, 

Of   the   San   Francisco   Bar. 


CONSOLIDATED   AND    EDITED   TO   INCLUDE 
EXTRA    SESSION    OF    1906,    BY 


R.  M.   SIMS, 

Of   the   San   Francisco   Bar. 


SAN    FRANCISCO: 
BANCROFT- WHITNEY   COMPANY, 

Law   Publishers  and   Law   Booksellers. 

1906. 

G 


s 


Copyright,  1903. 
BAXCROFT-WHITNEY  COMPANY. 


Copyright,  1906. 
BAXCROFT-WHITXEY  COMPANY. 


SAN    FRANCISCO: 
THE    FILMER    BROTHERS    ELECTROTYPE 
Typographers    and    Stereotypera, 
1906. 


136206 


ANALYSIS  OF  THE  CONTENTS. 


PRELIMINARY  PROVISIONS,  §§  1-24. 

PART  I. 

OF   CRIMES   AND    PUNISHMENTS,    §§    26-680. 

PART  II. 

OF    CRIMINAL    PROCEDURE,    §§    681-1570. 

PART  III. 

OF    THE    STATE    PRISON    AND    COUNTY    JAILS, 
§§   1573-1614. 

ADDENDA. 

SELECTIONS    FROM     CODE    OF    CIVIL    PROCEDURE. 

GENERAL    LAWS    AS    TO    CRIMES.     INDEX. 

(3) 


SUMMARY  OF  CONTENTS. 


10!) 
IVZ 

2;0a   (New) 

2;0b   (New) 

273     Repealed 

S'ISf   (New) 

•i'tHg   (New) 

Heib   (New) 

:{72a  (New) 

374 

384 

384  a     Repealed 

3841)     Repealed 

384  c 

442 ',2  (New) 

47Ca   (New) 

487 

4nfi 

506 

.j2() 

5'JO 


Repealed 


Penal  Code     -  :^fii\i<^ r^   / j 07 


580a   (New) 

5yT;i    (New) 

597b   (New)    twice 

587c   (New) 

597d 

59"i-   (New) 

599  Repealed 

599f  (New) 

608 

608a  (New) 

608b  (New) 

608c  (New) 

626 

626a 

626d 

626f 

626ff 

626i 

626j 

627  b 

028 


628a 
628b 
632 

632 '/z  (New) 

632b  (New) 

634 

637  a 

637b 

645 

810 


Repealed 

(New) 


1239 
1322 
1467 
1475 
1520 


(New) 


1572  -| 

to   and        I  ,„ 
including    r(New. 
1596  J 


J^orgmg,  stealing,    muLiiaiiug,    auu    itusnofius    juuit^icn 

and  public    records    and    documents,    chapter  IV, 

§§   113-117. 
Perjury  and  subornation  of  perjury,  chapter  V,  §§  118- 

129. 
Falsifying  evidence,  chapter  VI,  §§  13P-138. 
Other   offenses   against     public    justice,    chapter    VII, 

§§  142-181. 
•  Conspiracy,  chapter  VIII,  §§  182-185. 

Crimes  against  the  Person,  Title  VIII,  §§  187-259. 
Homicide,  chapter  I,  §§  187-199. 
Mayhem,  chapter  II,  §§  203,  204. 
Kidnaping,  chapter  III,  §§  207-209. 
Robbery,  chapter  IV,  §§  211-214. 
Attempts  to  kill,  chapter  V,  §§  216,  219. 

(5) 


6  SUMMARY   OF  CONTENTS. 

Assaults  with  intent  to  commit  felony,  other  than  as- 
saults with  intent  to  murder,  chapter  VI,  §§  220-222. 
Duels  and   challenges,   chapter  VTI,   §§   225-232. 
False  imprisonment,  chapter  VIII,  §§  236,  237. 
Assault  and  battery,  chapter  IX,  §§  240-246. 
Libel,  chapter  X,  §§  248-259. 

Crimes  against  Public  Decency  and  Good  Morals,  Title  IX, 
§§   261-367. 

Rape,  abduction,  carnal  abuse  of  children,  and  seduc- 
tion, chapter  I,  §§  261-269b. 

Abandonment  and  neglect  of  children,  chapter  II, 
,      §§  270,  273e. 

Abortions,  chapter  III,  §§  274,  275. 

Child-stealing,  chapter  IV,  §  278. 

Bigamy,  incest,  and  the  crime  against  nature,  chapter 
V,  §§  281-288. 

Violating  sepulture  and  the  remains  of  the  dead,  chap- 
ter VI,  §§  290-297. 

Crimes  against  religion  and  conscience,  and  other 
offenses  against  good  morals,  chapter  VII,  §§  299- 
3101/2. 

Indecent  exposure,  obscene  exhibitions,  books,  and 
prints,  and  bawdy  and  other  disorderly  houses, 
chapter  VIII,  §§  311-318. 

Lotteries,   chapter   IX,    §§    319-326. 

Gaming,  chapter  X,  §§  330-337. 

Pawnbrokers,  chapter  XI,  §§  338-344. 

Other  Injuries  to  persons,  chapter  XII,  §§  346-367a. 

Crimes  against  Public  Health,  Title  X,  §§  368-402a. 
Crimes  against  Public  Peace,  Title  XI,  §§  403-421. 

Crimes  against  the   Revenue  and   Property  of  This  State, 

Title  XII,   §§   424-443. 

Crimes  against   Property,   Title  XIII,   §§   447-593. 
Arson,  chapter  I,  §§  447-455. 

Burglary  and  housebreaking,  chapter  II,  §§  459-463. 
Having    possession    of    burglarious    instruments,    and 
deadly  weapons,  chapter  Li,   §§   466,  467. 


SUMMARY   OF  CONTENTS.  7 

Forgery  and  counterfeiting,  chapter  IV,   §§   470-482. 

Larceny,  chapter  V,  §§  484-5021/^. 

Embezzlement,   chapter  VI,   §§   503-514. 

Extortion,   chapter  VII,   §§   518-526. 

False  personation  and  cheats,  chapter  VIII,  §§  528- 
538b. 

Fraudulently  fitting  out  and  destroying  vessels,  chap- 
ter IX,  §§  539-5431/2. 

Fraudulently  keeping  possession  of  v/recked  property, 

chapter  X,   §§   544,   545. 
Fraudulent  destruction  of    property    Insured,    chapter 

XI,  §§  548,  549. 
False  weights  and  measures,  chapter  XII,  §§  552-555. 
Fraudulent   insolvencies    by   corporations,    and    other 

frauds  in  their  management,  chapter  XIII,  §§  557- 

572. 
Fraudulent  issue  of  documents  of  title  to  mechandise, 

chapter   XIV,    §§    577-583. 
Malicious     injuries     to     railroad     bridges,     highways, 

bridges,  and  telegraphs,  chapter  XV,  §§  587-593a. 

Malicious  IVIischief,  Title  XIV.  §§  594-625a. 

IVIiscellaneous  Crimes,  Title  XV,  §§  626-654. 

Violation  of  the  laws  for  the  preservation  of  game  and 

fish,  chapter  I,  §§  626-637a. 
Of  other  and  miscellaneous  offenses,  chapter  II,  §§  638- 
654a. 

General    Provisions,    Title   XVI,    §§    654-680. 


PAET  II. 

CRIMINAL   PROCEDURE.   §§    681-1570. 

PRELIMINARY   PROVISIONS,  §§   681-689. 

Prevention  of  Public  Offenses,  Title  I,  §§  692-734. 
Of  lawful  resistance,  chapter  I,  §§  692-694. 
Of  the  intervention  of  the  ofiicers  of  justice,  chapter 

II,  §§  697,  698. 
Security  to  keep  the  peace,  chapter  III,  §§  701-714. 


t  SUMMARY   OF   CONTENTS. 

Police  in  cities  and  towns,  and  their  attendance  at  ex- 
posed places,  chapter  IV,  §§  719,  720. 
Suppression  of  riots,  chapter  V,  §§  723-734. 

Proceedings  for  the    Removal   of  Public  Officers,  Title  II, 

§§  737-772. 
Of  impeachments,  chapter  I,  §§  737-753. 
Of  the  removal  of  civil  officers  otherwise  than  by  im- 
peachment, chapter  II,  §§  758-772. 

Proceedings    from    Indictment    to    Commitment,    Title    III, 

§§  777-883. 
Of  the  local  jurisdiction  of  public  offenses,  chapter  I, 

§§  777-795. 
Of  the  time  of  commencing  criminal  actions,  chapter 

II,   §§  799-803. 
The   information,   chapter   III,    §§    806-809. 
The  warrant  of  arrest,  chapter  IV,  §§  811-829. 
Arrest,  by  whom  and  how  made,  chapter  V,  §§  834-851. 
Retaking,  after  an  escape  or  rescue,  chapter  VI,  §§  854, 

855. 
Examination  of  the  case,  and  discharge  of  defendant, 

or  holding  him  to  answer,  chapter  VII,  §§  858-883. 

Proceedings  after  Commitment  and  before  Indictment,  Ti- 
tle IV,  §§  888-937. 

Preliminary  provisions,  chapter  I,  §§  888-890. 

Formation  of  the  grand  jury,  chapter  II,  §§  894-910. 

Powers  and  duties  of  a  grand  jury,  chapter  III,  §§  915- 
929. 

Presentment  and  proceedings  thereon,  chapter  IV, 
§§  931-937. 

The  Indictment,  Title  V,  §§  940-972. 

Finding  and  presentment  of  the  indictment,  chapter  I, 
§§  940-945. 

Rules  of  pleading  and  form  of  the  indictment,  chapter 
II,  §§  948-972. 

Pleadings  and  Proceedings  after  Indictment  and  before  the 
Commencement  of  the  Trial,  Title  VI,  §§  976-1052. 
Of  the  arraignment  of  the  defendant,  chapter  I,  §§  976- 
990. 


SUMMARY   OF   CONTENTS.  » 

Setting  aside  the  indictment,  chapter  II,  §§  995-999. 

Demurrer,  chapter  III,  §§  1002-1012. 

Plea,  chapter  IV,  §§  1016-1025. 

Transmission     of     certain     indictments,     chapter     V, 

§§  1028-1030. 
Removal  of  the  action  before  trial,  chapter  VI,  §§  1033- 

1038. 
Mode  of  trial,  chapter  VII,  §§   1041-1043. 
Formation  of  the  trial  lury,  and  the  calendar  of  issues 

for  trial,  chapter  VIII,  §§  1046-1049. 
Postponement  of  the  trial,  chapter  IX,  §  1052. 

Proceedings  after  the  Commencement  of  the  Trial  and  be- 
fore Judgment,  Title  VII,  §§  1055-1188. 
Challenging  the  jury,  chapter  I,  §§   1055-1089. 
The  trial,  chapter  II,  §§  1093-1131. 
■  Conduct  of  the  jury  after  cause  is  submitted  to  them, 

chapter  III,  §§  1135-1143. 
The  verdict,  chapter  IV,  §§  1147-1167. 
Bills  of  exception,  chapter  V,  §§  1170-1177. 
New  trials,  chapter  VI,  §§  1179-1182. 
Arrest  of  judgment,  chapter  VII,  §§  1185-1188. 

Judgment  and  Execution,  Title  VIII,  §§  1191-1230. 
The  judgment,  chapter  I,  §§  1191-1207. 
The  execution,  chapter  II,  §§  1213-1230. 

Appeals  to  the  Supreme  Court,  Title  IX,  §§  1235-1265. 

Appeals,  when  allowed,  and  how  taken,  and  the  effect 

thereof,  chapter  I,  §§  1235-1246. 
Dismissing    an    appeal    for    irregularity,    chapter    II, 

§§  1248,  1249. 
Argument  of  the  appeal,  chapter  III,  §§  1252-1255. 
Judgment  upon  appeal,  chapter  IV,  §§  1258-1265. 

Miscellaneous  Proceedings,  Title  X,  §§  1268-1423. 
Bail,  chapter  I,  §§  1268-1317. 
Who  may  be  witnesses  in  criminal  actions,  chapter  II, 

§§  1321-1323. 
Compelling  the   attendance  of  witnesses,  chapter  III, 
§§  1326-1333. 


10  SUMMARY   OF  CONTENTS. 

Examination    of   witnesses   conditionally,    chapter   IV, 

§§  1335-1346. 
Examination   of   witnesses   on  commission,  chapter  V, 

§§  1349-1362. 
Inquiry  into  the  insanity  of  the  defendant  before  trial 

or  after  conviction,  chapter  VI,  §§  136.7-1373. 
Compromising  certain  public  offenses  by  leave  of  the 

court,  chapter  VII,  §§  1377-1379. 
Dismissal  of  the  action,  before  or  after  indictment,  for 

want  of  prosecution  or  otherwise,  chapter  VIII, 

§§  1382-1389. 
Proceedings   against   corporations,   chapter  IX,   §§   1390- 

1397. 
Entitling  affidavits,  chapter  X,  §  1401. 
Errors  and  mistakes  in   pleadings   and  other   proceed- 
ings,  chapter  XI,   §   1404. 
Disposal  of  property  stolen  or  embezzled,  chapter -XII, 

§§  1407-1413. 
Reprieves,  commutations,  and    pardons,    chapter    XIII, 

§§  1417-1423. 

Proceedings  in  Justices'    and    Police    Courts    and    Appeals, 

Title  XI,  §§  1425-1470. 
Proceedings    in    justices'    and  police  courts,  chapter  I, 

§§  1426-1461. 
Appeals,  chapter  II,  §§  1466-1470. 

Special  Proceedings  of  a  Criminal  Nature,  Title  XII,  §§ 
1473-1564. 

Of  the  writ  of  habeas  corpus,  chapter  I,  §§  1473-1505. 

Of  coroners'  inquests  and  duties  of  coroners,  chapter 
II,  §§  1510-1519. 

Of  search  warrants,  chapter  III,  §§  1523-1542. 

Proceedings  against  fugitives  from  justice,  chapter 
IV,  §§  1547-1558. 

Miscellaneous,  provisions  respecting  special  proceed- 
ings of  a  criminal  nature,  chapter  V,  §§  1562-1564. 

Imprisoned  Persons  Brought  into  Court,  Title  XIII,  §  1567. 

Disposition  of  Fines  and  Forfeitures,  Title  XIV,  §  1570. 


SUMMART    OF   CONTENTS.  U 

% 

PART  III. 

STATE  PRISON  AND  COUNTY  JAILS,  §§  1573-1614. 
Of  the  State  Prison,  Title  I,  §§  1573-1595. 

Of  the  state  prison,  chapter  I,  §§  1573-1588. 

Of  the  discharge  of  prisoners  before  the  expiration  of 
their  term  of  service,'  chapter  II,  §§   1590-1595. 

Of  County  Jails,  Title  II,   §§   1597-1G15. 


c 


'   CONSTITUTIONAL  PROVISIONS. 


Art.  I,  §  1.  All  men  are  by  nature  free  and  independent, 
and  have  certain  inalienable  rights,  among  which  are  those 
of  enjoying  and  defending  life  and  liberty;  acquiring,  pos- 
sessing, and  protecting  property;  and  pursuing  and  ob- 
taining safety  and  happiness. 

Art.  I,  §  4.  .  .  .  No  person  shall  be  rendered  incom- 
petent to  be  a  witness  or  juror  on  account  of  his  opinions 
on  matters  of  religious  belief. 

Art.  I,  §  5.  The  privilege  of  the  writ  of  habeas  corpus 
shall  not  be  suspended,  unless  when,  in  cases  of  rebellion 
or  invasion,   the   public   safety   may   require   its   suspension. 

See  Const.  U.  S.,  art.  I,  sec.  9,  subd.  2. 

Art.  I,  §  6.  All  persons  shall  be  bailable  by  sufficient 
sureties,  unless  for  capital  offenses  when  the  proof  is 
evident  or  the  presumption  great.  Excessive  bail  shall 
not  be  required,  nor  excessive  fines  imposed;  nor  shall 
cruel  or  unusual  punishments  be  inflicted.  Witnesses  shall 
not  be  unreasonably  detained,  nor  confined  in  any  room 
where  criminals  are  actually  imprisoned. 

Art.  I,  §  7.  The  right  of  trial  by  jury  shall  be  secured 
to  all,  and  remain  inviolate.  ...  A  trial  by  jury  may 
be  waived  in  all  criminal  cases  not  amounting  to  felony, 
by  consent  of  both  parties,  expressed  in  open  court. 

Art.  I,  §  8.  Offenses  heretofore  required  to  be  prose- 
cuted by  indictment,  shall  be  prosecuted  by  information, 
after  examination  and  commitment  by  a  magistrate,  or  by 
indictment,  with  or  without  such  examination  and  com- 
mitment, as  may  be  prescribed  by  law.     A  grand  jury  shall 

(13) 


Art.  1  CONSTITUTIONAL    PROVISIONS.  14 

be    drawn    and    summoned    at    least    once    a    year    in    each 
county. 

Art.  I,  §  9.  .  .  .  In  all  criminal  prosecutions  for  libel, 
the  truth  may  be  given  in  evidence  to  the  jury;  and  if  it 
shall  appear  to  the  jury  that  the  matter  charged  as  libel- 
ous is  true  and  was  published  with  good  motives  and  for 
justifiable  ends,  the  party  shall  be  acquitted;  and  the  jury 
shall  have  the  right  to  determine  the  law  and  the  fact. 
Indictments  found,  or  information  laid,  for  publications  in 
newspapers,  shall  be  tried  in  the  county  where  such  news- 
papers have  their  publication  office,  or  in  the  county  where 
the  party  alleged  to  be  libeled  resided  at  the  time  of  the 
alleged  publication,  unless  the  place  of  trial  shall  be  changed 
for  good  cause. 

Art.  I,  §  13.  In  criminal  prosecutions  in  any  court  what- 
ever, the  party  accused  shall  have  the  right  to  a  speedy 
and  public  trial;  to  have  the  process  of  the  court  to  com- 
pel the  attendance  of  witnesses  in  his  behalf,  and  to 
appear  and  defend  in  person  and  with  counsel.  No  person 
shall  be  twice  put  in  jeopardy  for  the  same  offense;  nor 
be  compelled  in  any  criminal  ease  to  be  a  witness  against 
himself;  nor  be  deprived  of  life,  liberty,  or  property  with- 
out due  process  of  law.  The  legislature  shall  have  power 
to  provide  for  the  taking,  in  the  presence  of  the  party 
accused  and  his  counsel,  of  depositions  of  witnesses,  in 
criminal  cases,  other  than  cases  of  homicide,  when  there 
is  reason  to  believe  that  the  witness,  from  inability  or 
other  cause,  will  not  attend  at  the  trial. 

Art.  I,  §  16.  No  bill  of  attainder,  ex  post  facto  law,  or 
law  impairing  the  obligations  of  contracts,  shall  ever  be 
passed. 

Art.  I,  §  20.  Treason  against  the  state  shall  consist  only 
in  levying  war  against  it,  adhering  to  its  enemies  or  giv- 
ing them  aid  and  comfort.  No  person  shall'  be  convicted 
of  treason,  unless  on  the  evidence  of  two  witnesses  to  the 
same  overt  act,  or  confession  in  open  court. 


15  CONSTITUTIONAL,    PROVISIONS.  Arts.  2-5 

Art.  II,  §  1.  .  .  .  No  person  convicted  of  any  infa- 
mous crime,  and  no  person  hereafter  convicted  of  the  em- 
bezzlement or  misappropriation  of  public  money,  .  .  . 
shall  ever  exercise  the  privilege  of  an  elector  in  this  state. 

Art.  IV,  §  17.  The  assembly  shall  have  the  sole  power 
of  impeachment,  and  all  impeachments  shall  be  tried  by 
the  senate.  When  sitting  for  that  purpose,  the  senators 
shall  be  on  oath  or  affirmation,  and  no  person  shall  be  con- 
victed without  the  concurrence  of  two-thirds  of  the  mem- 
bers elected. 

Art.  IV,  §  18.  The  governor,  lieutenant-governor,  sec- 
retary of  state,  controller,  treasurer,  attorney-general, 
surveyor-general,  chief  justice  and  associate  justices  of 
the  supreme  court,  and  judges  of  the  superior  courts,  shall 
be  liable  to  impeachment  for  any  misdemeanor  in  office: 
but  judgment  in  such  cases  shall  extend  only  to  removal 
from  office,  and  disqualification  to  hold  any  office  of  honor, 
trust,  or  profit,  under  the  state;  but  the  party  convicted 
or  acquitted  shall,  nevertheless,  be  liable  to  indictment,  trial, 
and  punishment,  according  to  law.  All  other  civil  officers 
shall  be  tried  for  misdemeanor  in  office  in  such  manner  as 
the  legislature  may  provide. 

Art.  IV,  §  21.  No  person  convicted  of  the  embezzlement 
or  defalcation  of  the  public  funds  of  the  United  States, 
or  of  any  state,  or  of  any  county  or  municipality  therein, 
shall  ever  be  eligible  to  any  office  of  honor,  trust,  or  profit 
under  this  state,  and  the  legislature  shall  provide,  by  law, 
for  the  punishment  of  embezzlement  or  defalcation  as  a 
felony. 

Art.  VI,  §  1.  The  judicial  power  of  the  state  shall  be 
vested  in  the  senate,  sitting  as  a  court  of  impeachment,  in 
a  supreme  court,  superior  courts,  justices  of  the  peace,  and 
such  inferior  courts  as  the  legislature  may  establish  in  any 
incorporated  city  or  town,  or  city  and  county. 

Art.  VI,  §  4.  The  supreme  court  shall  have  appellate 
jurisdiction     ...     in    all    criminal    cases    prosecuted    by 


Arts.  6-20  CONSTITUTIONAL    PROVISIONS.  16 

indietment  or  information,  in  a  court  of  record,  on  ques- 
tions of  law  alone.  .  .  .  Each  of  the  justices  shall  uave 
power  to  issue  writs  of  habeas  corpus  to  any  part  of  the 
state,  upon  petition  by  or  on  behalf  of  any  person  held  in 
actual  custody,  and  may  make  such  writs  returnable  be- 
fore himself,  or  the  supreme  court,  or  before  any  superior 
court  in  the  state,  or  before  any  judge  thereof. 

Art.  VI,  §  5.  The  superior  courts  shall  have  original 
jurisdiction  ...  in  all  criminal  cases  amounting  to 
felony,  and  cases  of  misdemeanor  not  otherwise  provided 
for.  .  .  .  They  shall  have  appellate  jurisdiction  in  such 
eases  arising  in  justices'  and  other  inferior  courts  in  their 
respective  counties,  as  may  be  prescribed  by  law.  .  .  . 
Said  courts,  and  their  judges,  shall  have  power  to  issue 
writs  of  .  .  .  habeas  corpus,  on  petition  by,  or  on  behalf 
of  any  person  in  actual  custody,  in  their  respective  counties. 

Art.  VI,  §  19.  Judges  shall  not  charge  juries  with  respect 
to  matters  of  fact,  but  may  state  the  testimony  and  de- 
clare the  law. 

Art.  XII,  §  19.  No  railroad  or  other  transportation  com- 
pany shall  grant  free  passes  or  passes  or  tickets  at  a  dis- 
count to  any  person  holding  any  office  of  honor,  trust,  or 
profit  in  this  state;  and  the  acceptance  of  any  such  pass  or 
ticket  by  a  member  of  the  legislature  or  any  public  officer, 
other  than  railroad  commissioner,  shall  work  a  forfeiture 
of  his  office. 

Art.  XX,  §  2.  Any  citizen  of  this  state  who  shall,  after 
the  adoption  of  this  constitution,  fight  a  duel  with  deadly 
weapons,  or  send  or  accept  a  challenge  to  fight  a  duel  with 
deadly  weapons,  either  within  this  state  or  out  of  it,  or 
who  shall  act  as  second,  or  knowingly  aid  or  assist  in  any 
manner  those  thus  offending,  shall  not  be  allowed  to  hold 
any  office  of  profit,  or  to  enjoy  the  right  of  suffrage  under 
this  constitution. 

Art.  XX,  §  10.  Every  person  shall  be  disqualified  from 
holding  any  office   of   profit   in   this   state   who   shall   have 


17  CONSTITUTIONAL,  PROVISIONS.  Art.  xx 

been  convicted  of  having  given  or  offered  a  bribe  to  pro- 
cure his  election  or  appointment. 

Art.  XX,  §  11.  Laws  shall  be  made  to  exclude  from  of- 
fice, serving  on  juries,  and  from  the  right  of  suffrage,  per- 
sons convicted  of  bribery,  perjury,  forgery,  malfeasance  in 
office  or  other  high  crimes.  The  privilege  of  free  suffrage 
shall  be  supported  by  laws  regulating  elections  and  pro- 
hibiting under  adequate  penalties  all  undue  influence  thereon 
from  power,  bribery,   tumult  or  other  improper  practice. 

Pen.  Code— 2 


CORRESPONDING    SECTIONS 
OF    THE 

CRIMINAL    PRACTICE    ACT 

AND 

PENAL    CODE. 


Crim.Prao.Act     Pen. Code    Crim.Prac.Act       Pen. Code 

§  6  §  681  §  31  §  712 

§  7  §  682  §  32  §  713 

§  8  §  683  §  33  §  714 

§  9  §  684  §  34  §  719 

§  10  §  685  §  35  §  720 

§  11  §  686  §  36 §  723 

§  12  ■  §  687  .  §  37  §  724 

§  13  §  688  §  39  §  725 

§  14  §  689  §  40  §  726 

§  15  §  692  §  41  §  727 

§  16  §  693  §  42  §  727 

§  17  §  694  §  46  §  728 

§  18  §  697  §  47  §  729 

§  19  §  698  §  48  §  732 

§  20  §  701  §  49  §  733 

§  21  §  702  §  51  ,737 

§  22  §  703  §  52  §  738 

§  23  §  704  §  53  §  739 

§  24  §  705  §  54  §  740 

§  25  §  706  §  55  §  741 

§  26  §  707  §  56  §  742 

§  27  §  708  §  57  §  743 

§  28  §  709  §  58  §  744 

§  29  S  710  §  59  §  744 

§  30  §  711  §  60  §  745 

(19) 


20 


CORRESPOXDIN'G    SECTIONS. 


Crim.rrac.A«t     Peii.Cude 

§  62  §  746 

§  63  §  747 

§  C4  §  748 

§  65  §  749 

§  60  §  750 

§  67  §  751 

§  68  §  752 

§  69  §  753 

§  70  §  758 

§  71  §  759 

§  72  §  760 

§  73  §  761 

§  74  §  762 

§  75 §  763 

§  76  §  764 

§  77  §  765 

§  78  §  766 

§  79  §  767 

§  80  §  768 

§  81  §  769 

§  82  §  770 

§  S3  §  771 

§  84  §  777 

§  85  §  778 

§  SO  §  779 

§  87  §  781 

§  88  §  782 

§  89  §  783 

§  90  §  784 

§  91  §  785 

§  92  §  786 

§  S3 §  791 

§  94  §  793 

§  95  .■ §  794 

§  90  §  799 

§  97  §  800 

§  98  §  SUl 


Crim.Prao.Act 
§  99  ... 
§  100  ... 
§  101  ... 
§  102  ... 


Pen. Code 
. .  §  802 
. .  §  803 
..  §  806 
. .  §  807 


§  103  §  803 

§  104  §811 

§  105  §  812 

§  106  §  8l5 

§  107  Ml4 

§  108  §  815 

§109  §  816 

§110  §  817 

§  111  s  818 

§  112  .., §  819 

§113  §  820 

§  114  §  821 

§115  §  822 

§116  §  823 

§117  §  824 

§118  §  824 

§119  §  825 

§120  ,.  §  826 

§121 §  827 

§122  §  828 

§  123  §  829 

§144  §  854 

§  145 §  855 

§146  §  858 

§147  §  859 

§148  §  860 

§149  §  861 

§  150  §  862 

§151  §  863 

§152  §  864 

§153  §  865 

§  159  §  866 

§100  §  867 


CORRESPONDING    SECTIONS. 


21 


Crim.Pr'Sk  Aet  Pen.Co'le 

§  IGl  §868 

§  162  §  SG9 

§  16%., §  871 

§  10-f  .■ §  872 

§105  §  873 

§  16G  §  874 

§  167  §  875 

§  IGS  §  870 

§  169  §  877 

§  170  §  878 

§  171  §  879 

§  172  §  880 

§  173  :..  §  881 

§  174  §  882 

§  175  §  882 

5  176  §  883 

§  177  §  8SS 

8  178 §  889 

§  179  §  890 

§  ISO  §  893 

§  181  §  894 

§  182  .....§  895 

§  183  §  896 

§  184  §  897 

§  185  §  898. 

§  186  §  899 

§  187  §  900 

§  188 §  900 

§  189  §  901 

§  190  §  902 

§  191  §  903 

I  192  §  904 

§  193  §  905 

§  194  §  906 

§  19-5  §  906 

§  196  §  907 

§  197  §  908 


Crim.Prao.Act 

§  19s  ... 

§  190  .  .  . 

§  205  .  .  . 

§  20G  ... 

§  207  .  . . 

§  208  .  .  . 

.  §  209  ... 

§  210  ... 


Pen. Code 

. .  §  909 

. .  §  910 

. .  §  915 

..  §  917 

. .  §  916 

. .  §  918 

. .  §  919 

..  §  919 


§  211  §  920 

§  212  §  921 

§  213  §  922 

§  214  §  923 

§  215  §  924 

§  216  §  925 

§217  §  926 

§  218  §  926 

§219  §  927 

§  220  §  931 

§221  §  932 

§224  §  933 

§225  §  934 

§226  §  935 

§227  §  936 

§228  '. ..  §  937 

§  229  §  940 

§  230  §  941 

§231  §  942' 

§232  §  943 

§232  §  944 

§234  §  945 

§235  §  948 

§236  §  949 

§237  §  950 

§  238  §  951 

§  239  §  952 

§  240  §  953 

§  241 §  954  "s: 


22 


CORRESPONDING    SECTIONS. 


Crim.Prac.Act     Pen. Code 

§  242  §  955 

§  243  §  956 

§  244  §  957 

§  245  §  958 

§  246  §  959 

§  247  §  960 

§  248  §  961 

§  249  §  962 

§  250  §  963 

§  251  §  964 

§  252  §  965 

§  253  §  966 

§  254  §  970 

§-255  §  971 

§  256  §  ^72 

§  258  §  976 

§  259  §  977 

§  260  §  978 

§  261  §  979 

§  262  §  980 

§  263  .§981 

§  264  §  982 

§  265  §  982 

§  266  §  982 

§  267  §  983 

§  268  §  984 

§  269  §  985 

§  270  §  986 

§  271  §  987 

§  272  §  988 

§  273  §  989 

§  274  §  989 

§  275  §  989 

§  276- §  990 

§  277  §  990 

§  278  §  995 

§  279  §  995- 


Crim.Prac.Act       Pen.Codt 

§  280  §  996 

§  281  §  997 

§  282  ^.  §  997 

§  283  §  997 

§  284  §  998 

§  285  §  998 

§  286  §  999 

§  287  §  1002 

§  288  §  1003 

§  289  §  1004 

§  290  §  1005 

§  291  §  1006 

§  292  §  loor 

§  293  §  1008 

§  294  §  1009 

§  295  §  1010 

§  296 §  1011 

§  297  §  1012 

-§298  §  1016 

§  299  §  1017 

§  300  §  1017 

§  301  g  1018 

§  302  §  1018 

§  303  §  1019 

§  304  §  1020 

§  305  §  1021 

§  bvJ6  §'1023 

§  307  §  1023 

§  308  §  1024 

§  309  §  1028 

§  310  §  1029 

§  312  §  1033 

§  313 §  1034 

§  314  §  1035 

§  315  §  1036 

§  316  §  1037 

§  317  §  1038 


CORRESPONDING    SECTIONS. 


2? 


Crira.Prac.Act     Pen. Code 

§  318  §  1041 

.  §-319  §  1042 

§  320  §  1043 

§  321  §  1046 

§  322  §  1047 

§  323  §  1048 

§  324  §  1049 

§  325  §  1052 

§  326  §  1055 

§  327  §  1056 

§  328  §  1057 

§  329  §  1058 

§  330  §  1059 

§  331  §  1060 

§  332  §  1061 

§  333  §  1061 

§  334  §  1062 

§  335  §  1063 

§  336  §  1063 

§  337  §  1064 

§  338  §  1065 

§  339  §  1066 

§  340  §  1067 

§  341  .' §  1068 

§  342  §  1069 

§  343  §"1070 

§  344  §  1071 

§  345  §  1072 

§  346  §  1073 

§  347  §  1074 

J  348  §  1075 

§  349  §  1076 

§  350  §  U>77 

§  351  §  1078 

§  352  §  1079 

§  353  §  lOSO 

5  354  '.  .  §  lOSl 


Crim.Prac.Act  Pen. Code 

§  355  §  1082 

§  356  , §  1083 

§  357  §  1084 

§  358  §  1085 

§  359  §  1086 

§  360  §  1087 

§  361  §  1088 

§  362  §  1093 

§  363  .'. §  1094 

§  364  §  1095 

§  365  §  1096 

§  366  §  1097 

§  367  §  1098 

§  368  §  1099 

§  369  §  1100 

§  370  §  1101 

§  371  §  1103 

§  372  §  1103 

§  373  §  1104 

§  376  §  1110 

§  375  §  1111 

§  379  §  1112 

§  380  §  1112 

§  381  §  1113 

§  382  §  1114 

§  383  §  1115 

§  384  §  1115 

§  385  §  1116 

§  386  §  1116 

§  387  §  1117 

§  388  §  1117 

§  3S9  §  1118 

§  390  §  1119 

§  392  §  1120 

§  393  §  1121 

§  394  §  1122 

§  395  §  1123 


24 


CORRESPONDING    cJiSCTIONS. 


Crim.Prac.Act     Pen. Code 

§  396  §  1124 

•  §  397  §  1125 

§  398  §  1126 

§  399  §  1127 

§  400  §  1127 

§  401  §  1127 

§  402  §  1128 

§  403 §  1129 

§  404  .'  §  1135 

§  405  §  1136 

§  .406  §  1137 

§  407  §  1137 

§  408  §  1138 

§  409  §  1139 

§  410  §  1140 

§  411  §  1141 

§  412  §  1142 

§  413  §  1143 

§  414  §  1147 

§  415  §  1148 

§  416  §  1149 

§  417  §  1150 

§  418  §  1151 

§  419  §  1152 

§  420  §  1153 

§421  §  1154 

§  422  §  1155 

§  423  §  1156 

§  424  ■§  1159 

§  425  §  IIGO 

§  426  §  1161 

§  427  §  1161 

§  428  §  1162 

§  429  §  1163 

§  430  §  1164 

§  431  §  1165 

§  432  §  1166 


Crim.Prac.Act       Pen.Codt 

§  433  §  1170 

§  434  §  1171 

§  436  §  1175 

§  437  §  1175 

§  438  §  1176 

§  439  §  1179 

§  440  §  1181 

§  441  §  1182 

§  442  §  1185 

§  444  §  1185 

§  443  §  1186 

§  445  §  1187 

§  446  §  1188 

§  447  §  1191 

§  448  §  1191 

§  449  §  1193 

§  450  s  1194 

§  451  §  1195 

§  452  §  1196 

§  453  §  1197 

§  454  §  1198 

§  455  §  1199 

§  456 §  1200 

§  457  '.  §  1201 

§  458  §  1202 

§  459  §  1205 

§  460  §  1203 

§  461  §  1207 

§  462  §  1208 

§  463  §  1213 

§  464  §  1214 

§  465  §  1215 

§  466  §  1217 

§  467  §  1218 

§  468  §  1219 

§  469  §  1220 

§  470  §  1221 


CORRESPONDING    SECTIONS. 


2a 


Crim.Prac.Act     Pen. Code 

§  471  §  1222 

.§472  §  1223 

§  473  §  1224 

§  474  §  1224 

§  475  §  1225 

§  476  §  1226 

§■477  §  1226 

§  478  §  1227 

§  479  §  1227 

§  -480  §  1228 

§  481  §  1235 

§  482  §  1235 

§  483  §  1236 

§  485  §  1239 

§  486  §  1240 

§  487  §  1240 

§  488  §  1240 

§  489  §  1241 

§  490  §  1242 

§  491  §  1243 

§  492  §  1246 

§  493  §  1248 

§  494  §  1249 

§  495  §  1252 

§  496  §  1253 

§  497  §  1254 

§  498  §  1255 

§  499  §  1258 

§  4S4  §  1259 

§  500  §  1260 

§  501  §  1261' 

§  502  §  1202, 

§  503  §  1263 

§  504  §  1264 

§  506  §  1265 

§  507  Si  1268 

;§  508  §  12C0 


Crim.Prac.Act       Pen.Cod* 
§  510  .........    §  1270 

§  509  .....'....  §  1271 

§  512  §  1272 

§  513  §  1273 

§  514  §  1273 

§  511  §  1274 

§  515  §  1277 

§  516  §  1278 

§  517  §  1279 

§  518  §  1280 

§  519  §  1280 

§  520  §  1284 

§  521  §  1285 

§  522  §  1286 

§  523  §  1287 

§  524  §  1288 

§  525 §  1291 

§  527  §  1292 

§  528  §  1295 

§  529  s  1296 

§  530  §  1297 

§  531  §  1300 

§  532  §  1300 

§  533  §  1301 

§  534  §  1302 

§  535  §  1305 

§  536  §  1305 

§  537  §  1306 

f  538  •;.  §  1307 

§  539  §  1310 

§  540  §  1311 

§  541  §  1312 

§  542  §  1313 

§  543  §  1314 

§  544  §  131d 

§  545  §  1316 

§  546  §  1317 


26 


CORRESPONDING    SECTIONS. 


Crim.Prac.Act     Pen. Code 

§•"547  §  1326 

§  548  §  1326 

§  549  §  1326 

§  550  §  1326 

§  551  §  1326 

§  552  §  1327 

§  553  §  1327 

§  554  §  1328 

§  555  §  1328 

§  556  §  1329 

§  557  §  1329 

§  558  §  1330 

§  559  §  1331 

§  561  §  1331 

§  560  §  1332 

§  562  §  1335 

§  563  §  1336 

§  566  §  1337 

§  567  §  1338 

§  568  §  1339 

§  569  §  1339 

§  582  §  1345 

§  564  §  1351 

§  570  9  1355 

§  571  §  1355 

§  572  §  1355 

§  573  §  1353 

§  574  §  1356 

§  575  §  1357 

§  576  §  1357 

§  577  §  1358 

§  578  §  1359 

§  579  §  1360 

§  580  §  1360 

§  581  §  1361 

§  583  §  1307 

§  584  §  13G8 


Crim.Prac.Act  Pen. Code 

§  585  §  186S 

§  586  §  13G9 

§  587  §  1369 

§  588  §  1370 

§  589  §  1370 

§  590  §  1371 

§  591  §  1372 

§  592  §  1373 

§  593  §  1382 

§  594  §  13S2 

§  595  §  13S3 

§  596  §  13S4 

§  597  §  13S5 

§  598  §  1386 

§  599  §  1387 

§  600  §  1401 

§  601  §  1404 

§  602  §  1407 

§  603  §  1408 

§  604  §  1409 

§  605  §  1410 

§  606  §  1411 

§  607  §  1412 

§  608  §  1426 

§  610  §  1427 

§  613  §  1428 

§  611  §  1429 

§  612  §  1434 

§  614  §  1430 

§  615  §  1436 

§  616  §  1437 

§  617  §  1438 

§  618  §  1439 

§  619  §  1440 

§  620  §  1441 

§  621  §  1441 

§  622  §  14-12 


CORRESPONDING    SECTIONS. 


27 


Crim.Prac.Act     Pcu.Code 

§  623  §  1443 

§  G24  §  1444 

§625  §  1445 

§  626  S  1446 

§  627  §  1447 

§  628  §  1448 

§  630  §  1449 

§  631  §  1450 

§  632  §  1451 

§  633  §  1452 

§  634  §  1453 

§  635  §  1454 

§  636 §  1455 

§  637  §  1456 

§  638  §  1457 

§  639  §  1457 

§  640  §  1458 

§  642  §  1523 

§  643  §  1524 

§  644  §  1525 

§  645  §  1526 

§  646  §  1527 

§  647  §  1528 

§  648  §  1529 

§  650  §  1531 

§  651  §  1532 

§  652  §  1533 


Crhn.Prac.Act       Pen. Code 

§  653  §  1534 

§  654  §  1535 

§  655  §  1536 

§  656  §  1537 

§  657  §  1538 

§  658  §  1539 

§  659  §  1539 

§  660  §.1540 

§  661  §  1541 

§  664  §  1542 

§  665  §  1548 

§  666  §  1549 

§  667  §  1550 

§  668  §  1551 

§  609  §  1552 

§  670  §  1553 

§  671  §  1554 

§  6/2  §  1555 

§  673  §  1556  . 

§  674  §  1557 

§  675  §  1377 

§  676  §  1378 

§  677  §  1378 

§  678  §  1379 

§  679  §  1570 

§  683  §  1567 


28 


CORRESPONDIMG    SECTIONS. 


-^--'.  CRIMINAL    PRACTICE    ACT. 

Table  of  sections  of  which   there  is  no   corresponding 
section  in  the  Penal  Code 


CAIy.  REP. 

SECTION. 

ENACTED. 

AMENDED. 

REPEALED. 

CITATION. 

1 

Apr.  20,  1850 
1851:212 

1851:290 

36-527 

2 

Apr.  20,  1850 
1851:212 

1851:290 

36-527 

3 

Apr.  20,  1850 
1851:212 

1851:290 

4 

Apr.  20,  3  850 
1851:212 

1851:290 

20-119 

5 

Apr.  20,  1850 
1851:212 

1851:290 

20-119 

38 

Apr.  20,  1850 
1851:212 

1851:290 

43 

Apr.  20,  1850 
1851  :212 

1851:290 

44 

Apr.  20,  1850 
1851  :212 

1851:290 

45 

Apr.  20,  1850 
1851:212 

1851:290 

50 

Apr.  20,  1850 
1851:212 

1851:290 

8-391 

18-638 
44-  94 

61 

Apr.  20,  1850 
1851:212 

1851:290 

124 

Apr.  20,  1850 
1851:212 

1851:290 

125 

Apr.  20,  1850 
1851:212 

1851:290 

126 

Apr.  20,  1850 
1851  :212 

1851:290 

127 

Apr.  20,  1850 
1851:212 

1851 :290 

128 

Apr.  20,  1850 
1851:212 

1851:290 

129 

Apr.  20,  1850 
1851:212 

1851:290 

130 

Apr.  20,  1850 
1851  :212 

1851:290 

131 

Apr.  20,  1850 
1851:212 

1851:290 

132 

Apr.  20.  1850 
1851:212 

1851:290 

133 

Apr.  20,  1850 
1851:212 

1851:290 

134 

Apr.  20.  1850 
1851  :212 

1851:290 

135 

Apr.  20,  1850 
1851:21^ 

1851:290 

136 

Apr.  20,  1850 
1851:212 

1851:290 

CORRESPONDING    SECTIONS. 


29 


SECTION. 

ENACTED. 

AMENDED. 

REPEALED. 

CAL,.   REP. 
CITATION. 

137 

Apr.  20.  1850 
1851:212 

1851:290 

138 

Apr.  20,  1850 
1851:212 

1851:290 

139 

Apr.  20,  1850 
1851  :212 

1851:290 

140 

Apr.  20,  1850 
1851:212 

1851  :290 

141 

Apr.  20,  1850 
1851:212 

1851:290 

142 

Apr.  20,  1850 
1851  :212 

1851:290 

143 

Apr.  20,  1850 
1851  :212 

1851 :290 

6-564 

154 

Apr.  20,  1850 
1851:212 

1851:290 

155 

Apr.  20,  1850 
1851  :212 

1851:290 

156 

Apr.  20,  1850 
1851:212 

1851:290 

157 

Apr.  20,  1850 
1851:212 

1851:290 

158 

Apr.  20,  1850 
1851  :212 

1851:290 

200  • 

Apr.  20,  1850 
1851:212 

1851:290 

201 

Apr.  20.  1850 
1851  :212 

1859  :186 

1851:290 

202 

Apr.  20,   1850 
1851  :2i2 

1851:290 

203 

Apr.  20,  1850 
1851  :212 

1851:290 

204 

Apr.  20,  1850 
1851  :212 

1851:290 

222 

Apr.  20,  1850 
1851:212 

1851:290 

223 

Apr.  20,  1850 
1851:212 

1851:290 

257 

Apr.  20,  1850 
1851:212 

1851:290 

311 

.-  Apr.  20,  1850 
1851:212 

1863  :160 

1851:290 

374 

Apr.  20,  1850 
1851:212 

1851:290 

377 

Apr.  20,  1850 
1851:212 

1851:290 

1-385 

378 

Apr.  20,  1850 
1851  :212 

1851:290 

391 

Apr.  20,  1850 
-"-1«51  :212 

1851 :290 

435 

Apr.  20,  1850 
1851:212 

1851:290 

28-218 
32-  92 
34-188 
34-310 
44-327 

505 

Apr.  20,  1850 
1851:212 

1851:290 

39-104 
41-211 

30 


•CORRESPONDING    SECTIONS. 


SECTION. 

ENACTED. 

AMENDED. 

REPEALED. 

CAL.  REP. 
CITATION. 

526 

Apr.  20,  1850 
1851  :212 

1851:290 

565 

Apr.  20,  1850 
1851:212 

1851:290 

609 

Apr.  20,  1850 
1851:212 

1851 :290 

629 

Apr.  20,  1850 
1851  :212 

1851:290 

641 

Apr.  20,  1850 
1851:212 

1851 :290 

649 

Apr.  20,  1850 
1851  :212 

1851:290 

662 

Apr.  20,  1850 
1851  :212 

1851 :290 

663 

Apr.  20,  1850 
1851  :212 

1851:290 

680 

Apr.  20,  1850 
1851  :212 

1851:290 

681 

Apr.  20,  1850 
1851  :212 

185i  :290 

682 

Apr.  20,  1850 
1851:212 

1851 :290 

684 

Apr.  20,  1850 
1851  :212 

1851 :290 

685 

Apr.  20,  1850 
1851  :212 

1851:290 

686 

Apr.  20,  1850 
1851  :212 

1851:290 

687 

Apr.  20,  1850 
1851  :212 

1851  •290 

688 

Apr.  20,  1850 
1851:212 

1851:290 

689 

Apr.  20,  1850 
1851:212 

1851:290 

690 

Apr.  20,  1850 
1851:212 

1851:290 

691 

Apr.  20,  1850 
1851  :212 

1851:290 

692 

Apr.  20,  1850 
1851:212 

1856:  50 
1857:181 
1860  :160 

1851 :290 

693 

Apr.  20,  1850 
1851  :212 

1851:290 

45-246 

694 

Apr.  20,  1850 
1851:212 

1851:290 

695 

Apr.  20,  1850 
1851:212 

1851:290 

696 

Apr.  20,  1850 
1851  :212 

1851:290 

€97 

Apr.  20.  1850 
1851:212 

1851:290 

698 

Apr.  20.  1850 

1851:290 

699 

Apr.  20.  1850 

1851  :290 

700 

Apr.  20.  1850 

1851:290 

701 

Apr.  20,  1850 

1851  :290 

702 

Apr.  20,  1850 

1851 :290 

CORRESPONDING    SECTIONS. 


31 


REPEALED. 

CAL.  REP. 

SECTION. 

ENACTED. 

AMENDED. 

CITATION. 

703 

Apr.  20,  1850 

1851  :290 

704 

Apr.  20,  1850 

1851 

290 

705 

Apr.  20,  1850 

1851 

290 

706 

Apr.  20,  1850 

1851 

290 

707 

Apr.  20,  1850 

1851 

290 

708 

Apr.  20,  1850 

1851 

290 

709 

Apr.  20,  1850 

1851 

290 

710 

Apr.  20,  1850 

1851 

290 

711 

Apr.  20,  1850 

1851 

290 

712 

Apr.  20,  1850 

1851 

290 

713 

Apr.  20,  1850 

1851 

290 

714 

Apr.  20;  1850 

1851 

290 

715 

Apr.  20,  1850 

1851 

290 

716 

Apr.  20,  1850 

1851 

290 

717 

Apr.  20,  1850 

1851 

290 

718 

Apr.  20,  1850 

1851 

.290 

719 

Apr.  20,  1850 

1851 

•290 

720 

Apr.  20,  1850 

1851 

■290 

721 

Apr.  20,  1850 

1851 

290 

722 

Apr.  20,  "1850 

1851 

290 

723 

Apr.  20,  1850 

1851 

290 

724 

Apr.  20,  1850 

1851 

290 

725 

Apr.  20,  1850 

1851 

290 

726 

Apr.  20,  1850 

1851 

290 

727 

Apr.  20,  1850 

1851 

290 

728 

Apr.  20,  1850 

1851 

290 

729 

Apr.  20,  1850 

1851 

290 

730 

Apr.  20,  1850 

1851 

290 

731 

Apr.  20,  1850 

1851 

290 

732 

Apr.  20,  1850 

1851 

290 

733 

Apr.  20,  1850 

1851 

290 

734 

Apr.  20,  1850 

1851 

290 

735 

Apr.  20,  1850 

1851 

290 

736 

Apr.  20,  1850 

1851 

290 

737 

Apr.  20,  1850 

1851 

290 

738 

Apr.  20,  1850 

1851 

290 

739 

Apr.  20,  1850 

1851 

290 

740 

Apr.  20,  1850 

1851 

290 

741 

Apr.  20.  1850 

1851 

290 

742 

Apr.  20,  1850 

1851 

290 

743 

Apr.  20,  1850 

1851 

200 

744 

Apr.  20,  18^0 

1851 

290 

745 

Apr.  20,  1850 

1851 

290 

746 

Apr.  20,  1850 

1851 

290 

AN  ACT  TO  ESTABLISH  A  PENAL  CODE. 

[Approved    February    14th,    1872.] 


The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

TITLE  OF  THE   ACT. 

§  1.     This    act    shall    be    known    as    The    Penal    Code    of 
California,   and  is   divided  into   three  parts,  as  follows: 

I. — Of  Crimes  and  Punishments. 

II. — Of  Criminal  Procedure. 

III. — Of    the    State    Prison    and    County    Jails.     En.    Feb- 
ruary 14,  1872. 

This  act,   how   cited:     Post,   sec.   24. 

Construction  of   the   codes,   and  of  their   various   sections: 
See  Pol.  Code,  sees.  4478  et  seq. 

Pen.  Code— 3  (33)  2 


§§  2-4  PRELIMINARY    PROVISIONS.  54 

PRELIMINARY    PROVISIONS. 

§     2.  When    this    act    takes    effect. 

^     3.  Not    retroactive. 

§    4.  Construction    of    the   Penal    Code. 

S    5.  Provisions    similar    to    existing   laws,    how   construed. 

§    6.  Effect   of  code   upon    past    offenses. 

§  7.  Certain  terms  defined  in  the  senses  In  which  they  are  used  In 
this  code. 

§    8.  What    intent   to  'defraud    Is   sufficient. 

§     9.  Civil    remedies   preserved. 

§  10.  Proceedings   to   impeach   or   remove   officers  and   others   preserved. 

§  11.  Authority  of  courts-martial  preserved.  Courts  of  justices  to  pun- 
ish   for    contempts. 

§  12.  Of    sections    declaring    crimes    punishable.     Duty    of    court. 

§  13.  Punishments,    how   determined. 

§  14.  Witness'  testimony  may  be  read  against  him  on  prosecution  for 
perjury. 

S  15.  "Crime"    and    "public    offense"    defined. 

§  16.  Crimes,    how   divided. 

§  17.  Felony   and   misdemeanor   defined. 

§  IS.  Punishment   of   felony,    when   not  otherwise  prescribed. 

§  19.  Punishment    of    misdemeanor,    when    not    otherwise   prescribed. 

§  20.  To   constitute   crime   there   must  be  unity  of  act  and   intent. 

§  21.  Intent,    how    manifested,    and   who   considered   of   sound    mind. 

§  22.  Drunkenness   no   excuse    for   crime.    When   it   may   be   considered. 

8  23.  Certain    statutes   specified   as   continuing   in   force. 

§  24.  This    act.    how    cited. 

§  2.  When  this  act  takes  effect.  This  code  takes  effect 
at  twelve  o'clock,  noon,  on  the  first  day  of  January,  eigh- 
teen hundred  and   seventy-three.     En.  February   14,   1872. 

Effect  of  codes,  generally:  See  Pol.  Code,  sees.  4478  et 
seq. 

§  3.  Not  retroactive.  -No  part  of  it  is  retroactive,  unless 
expressly  so   declared.     En.  February   14,   1872. 

Cal.  Eep.  Cit.     106,  680. 

Impairing  vested  rights:     See  Code  Civ.  Proc,  sec.  8. 

Corresponding  sections. — The  same  section  is  found  in 
each  of  the  other  three  codes.  See  sec.  3  of  each  of  the 
other  codes. 

§  4.  Construction  of  the  Penal  Code.  The  rule  of  the 
common  law,  that  penal  statutes  are  to  be  strictly  con- 
strued, has  no  application  to  this  code.  All  its  provisions 
are  to  be  construed  according  to  the  fair  import  of  their 
terms,  with  a  view  to  effect  its  object  and  to  promote  jus- 
tice.    En.  February  14,   1872. 

Cal.  Rep.  Cit.  45,  431;  46,  117;  49,  70;  82,  274;  88,  139; 
93,  584;  93,  631;   105,  558;  127,  316;  139,  382. 


35  PRELIMINARY   PROVISIONS.  §§  5-7 

Rules  of  construction  of  code  provisions,  generally:  See 
Pol.  Code,  sees.  4478  et  seq. 

Statutes  in  derogation  of  common  law:  See  sec.  4  of  each 
of  the  codes. 

§  5.    Provisions  similar  to  existing  laws,  how  construed. 

The  provisions  of  this  code,  so  far  as  they  are  substantially 
the  same  as  existing  statutes,  must  be  construed  as  continu- 
ations thereof,  and  not   as  new   enactments.     En.   February 

14,   1872. 

§  6.  Effect  of  code  upon  past  offenses.  No  act  or  omis- 
sion commenced  after  twelve  o'clock,  noon,  of  the  day 
on  which  this  code  takes  effect  as  a  law,  is  criminal  or 
punishable,  except  as  prescribed  or  authorized  by  this  code, 
or  by  some  of  the  statutes  which  it  specifies  as  continuing 
in  force  and  as  not  affected  by  its  provisions,  or  by  some 
ordinance,  municipal,  county,  or  township  regulation,  passed 
or  adopted  under  such  statutes,  and  in  force  when  this  code 
takes  effect.  Any  act  or  omission  commenced  prior  to  that 
time  may  be  inquired  of,  prosecuted,  and  punished  in  the 
same  manner  as  if  this  code  had  not  been  passed.  En. 
February  14,  1872. 

Cal.  Eep.  Cit.     46,  116,  46,  119j  55,  229. 

Effect  on  past  offenses. — Where,  by  subsequent  statute, 
the  punishment  is  increased  it  is  ex  post  facto,  and  in- 
operative:  Const.  U.  S.,  art.  I,  sec.   10,  subd.   1. 

§  7.  Certain  terms  defined  in  the  senses  in  which  they 
are  used  in  this  code.  Words  used  in  this  code  in  the 
present  tense  include  the  future  as  well  as  the  present; 
words  used  in  the  masculine  gender  include  the  feminine 
and  neuter;  the  singular  number  includes  the  plural,  and  the 
plural  the  singular;  the  word  "person"  includes  a  corpora- 
tion as  well  as  a  natural  person;  the  word  "county"  in- 
cludes "city  and  county";  writing  includes  printing  and 
typewriting;  oath  includes  affirmation  or  declaration;  and 
every  mode  of  oral  statement,  under  oath  or  affirmation,  is 
embraced  by  the  term  "testify,"  and  every  written  one  in 
the  term  "depose";  signature  or  subscription  includes  mark, 
when  the  person  cannot  write,  his  name  being  written  near 
it,  by  a  person  who  writes  his  own  name  as  a  witness;  pro- 
vided, that  when  a  signature  is  made  by  mark  it  must,  in 
order  that  the  same  may  be  acknowledged  or  serve  as  the 


§  7  PRELIMINARY    PROVISIONS.  Ss 

signature  to  any  swOrn  statement,  be  witnessed  by  two 
persons  who  must  subscribe  their  own  names  as  witnesses 
thereto. 

The  following  words  have  in  this  code  the  signification 
attached  to  them  in  this  section,  unless  otherwise  apparent 
from  the   context: 

1.  The  word  "willfully,"  when  applied  to  the  intent  with 
which  an  act  is  done  or  omitted,  implies  simply  a  purpose  or 
willingness  to  commit  the  act,  or  make  the  omission  re- 
ferred to.  It  does  not  require  any  intent  to  violate  law,  or 
to    injure    another,    or   to    acquire    any    advantage; 

2.  The  words  "neglect,"  "negligence,"  "negligent," 
and  "negligently"  import  a  want  of  such  attention  to  the 
nature  or  probable  consequences  of  the  act  or  omission  as  a 
prudent  man  ordinarily  bestows  in  acting  in  his  own  con- 
cerns; 

3.  The  word  ' '  corruptly ' '  imports  a  wrongful  design  to 
acquire  or  cause  some  pecuniary  or  other  advantage  to  the 
person  guilty  of  the  act  or  omission  referred  to,  or  to  some 
other   person; 

4.  The  words  "malice"  and  "maliciously"  import  a  wish 
to  vex,  annoy,  or  injure  another  person,  or  an  intent  to  do 
a  wrongful  act,  established  either  by  proof  or  presumption 
of  law; 

5.  The  word  "knowingly"  imports  only  a  knowledge  that 
the  facts  exist  which  bring  the  act  or  omission  within  the 
provisions  of  this  code.  It  does  not  require  any  knowledge 
of  the  unlawfulness  of  such  act  or  omission; 

6.  The  word  "bribe"  signifies  anything  of  value  or  ad- 
vantage, present  or  prospective,  or  any  promise  or  under- 
taking to  give  any,  asked,  given,  or  accepted,  with  a  cor- 
rupt intent  to  influence,  unlawfully,  the  person  to  whom  it 
is  given,  in  his  action,  vote,  or  opinion,  in  any  public  or 
official  capacity; 

7.  The  word  "vessel,"  when  used  with  reference  to  ship- 
ping, includes  ships  of  all  kinds,  steamboats,  canal-boats, 
barges,  and  everj'  structure  adapted  to  be  navigated  from 
place  to  place  for  the  transportation  of  merchandise  or  per- 
sons; 

8.  The  words  "peace  officer"  signify  any  one  of  the  offi- 
cers  mentioned  in  section   eight  hundred  and  seventeen; 

9.  The  word  "magistrate"  signifies  any  one  of  the  offi- 
cers mentioned  in  section  eight  hundred  and  eight; 


37  PRELIMINARY    PROVISIONS.  §  7 

10.  The  word  "property"  iricliules  both  real  and  per- 
sonal  property; 

11.  The  words  "real  property"  are  co-extensive  with 
lands,   tenements,   and   hereditaments; 

12.  The  words  "personal  property"  include  money,  goods, 
chattels,   things  in  action,   and   evidences   of   debt; 

13.  The  word  ' '  month ' '  means  a  calendar  month,  unless 
otherwise  expressed;  the  word  "day-time"  means  the  period 
between  sunrise  and  sunset,  and  the  word  "night-time" 
means  the  period  between  sunset  and  sunrise; 

14.  The  word  "will"  includes  codicil; 

15.  The  word  "writ"  signifies  an  order  or  precept  in  writ- 
ing, issued  in  the  name  of  the  people,  or  of  a  court  or  ju- 
dicial officer,  and  the  word  "process"  a  writ  or  summons 
issued  in  the  course  of  judicial  proceedings; 

16.  Words  and  phrases  must  be  construed  according  to 
the  context  and  the  approved  usage  of  the  language;  but 
technical  words  and  phrases,  and  such  others  as  may  have 
acquired  a  jieculiar  and  appropriate  meaning  in  law,  must  be 
construed  according  to  such  peculiar  and  appropriate  mean- 
ing; 

17.  Words  giving  a  joint  authority  to  three  or  more  public 
officers  or  other  persons,  are  construed  as  giving  such  author- 
ity to  a  majority  of  them,  unless  it  is  otherwise  expressed 
in  the  act  giving  the  authority; 

18.  When  the  seal  of  a  court  or  public  officer  is  required 
by  law  to  be  affixed  to  any  paper,  the  word  "seal"  includes 
an  impression  of  such  seal  upon  the  paper  alone,  or  upon  any 
substance  attached  to  the  paper  capable  of  receiving  a  vis- 
ible impression.  The  seal  of  a  private  person  may  be  made 
in  like  manner,  or  by  the  scroll  of  a  pen,  or  by  writing  the 
word  "seal"  against  his  name; 

19.  The  word  ' '  state, ' '  when  applied  to  the  ditferent  parts 
of  the  United  States,  includes  the  District  of  Columbia  and 
the  territories,  and  the  words  "United  States"  may  include 
the  district  and  territories; 

20.  The  word  "section,"  whenever  hereinafter  employed, 
refers  to  a  section  of  this  code,  unless  some  other  code  or 
statute  is  expressly  mentioned.  En.  February  14,  1872. 
Am'd.  1873-4,  419;  "1905,  635. 

The  purpose  of  the  amendment  is  to  make  the  section  conform  to 
the  corresponcling  .sections  of  the  Civil  Code  and  of  the  Code  of  Civil 
Procedure.     The      changes     consist      in      the     addition      of     the      words 


§§  S-10  PRELIMINARY    PROVISIONS.  3S 

"county  includes  city  and  county";  of  the  words  "and  typewriting", 
and  of  the  clause  "provided,  that  when  a  signature  is  made  by  marli 
it  must,  in  or.ler  that  the  same  may  be  acknowledged  or  serve  as 
the  signature  to  any  sworn  statement,  be  witnessed  by  two  persons 
who  must  subscribe  their  own  names  as  witnesses  thereto."  The 
above  changes  make  th..-  above  section  conform  to  the  corresponding 
subdivision  in  section  17  of  the  Code  of  Civil  Procedure  and  in  sec- 
tion 14  of  the  Civil  Code.  The  definitions  of  "nght-time"  and  "day- 
time" are  added  i-n  subdivision  13,  following  the  definitions  in  sec- 
tions 450  an-d  463  of  this  Code,  which  confined  the  definitions  to  the 
chapters  in  which  they  occurred.  The  word  "canal-boat"  is  printed 
"canals,  boats,"  in  the  official  Statutes  of  1S73-4,  page  421,  amending 
the  section,  and  is  hereby  corrected  to  conform  to  the  manifest  in- 
tention of  the  statute,  and  to  the  original  form  of  the  section  as 
enacted  in  the  Code  of  1872.  Subdivision  20  is  also  added  to  corre- 
spond with  a  like  provision  in  the  other  Codes. — Co'de  Commission- 
er's Note. 

Cal.  Kep.  Cit.     58,  269;  67,  422;  68,  363;  68,  438;  70,  533; 

72,  613;   72,  616;  82,  468;  96,  177;  96,  179;   105,  639; 

130,  577;  136,  530;  141,  114;  141,  115;  144,  355.     Subd. 

1—120,   135.     Subd.    4—93,   566;     120,  202;    127,   319; 

129,      551.     Subd.      5—75,    631.     Subd.    6—110,     371. 

Subd.   ]5— 82,  468.     Subd.  16—135,  74. 

§  8.  What  intent  to  defraud  is  suflacient.  Whenever, 
by  any  of  the  provisions  of  this  code,  an  intent  to  defraud 
is  required  in  order  to  constitute  any  offense,  it  is  sufficient 
if  an  intent  appears  to  defraud  any  person,  association,  or 
body  politic  or  corporate,  whatever.     En.  February  14,  1872. 

§  9.  Civil  remedies  preserved.  The  omission  to  specify 
or  affirm  in  this  code  any  liability  to  damages,  penalty,  for- 
feiture, or  other  remedy  imposed  by  law,  and  allowed  to 
be  recovered,  or  enforced  in  any  civil  action  or  proceeding, 
for  any  act  or  omission  declared  punishable  herein,  does 
iiot  affect  any  right  to  recover  or  enforce  the  same.  En. 
February   14,  1872. 

§  10.  Proceedings  to  impeach  or  remove  offi.cers  and 
others  preserved.  The  omission  to  specify  or  affirm  in 
this  code  any  ground  of  forfeiture  of  a  public  office,  or 
other  trust  or  special  authority  conferred  by  law,  or  any 
power  conferred  by  law  to  impeach,  remove,  depose,  or 
suspend    any    public    officer    or    other    person     holding    any 


39  PRELIMINARY    PROVISIONS.  §§  H-H 

trust,  aijpointment,  or  other  special  authority  conferred  by 
law,  does  not  affect  euch  forfeiture  or  power,  or  any  pro- 
ceeding authorized  by  law  to  carry  into  effect  such  im- 
peachment, removal,  deposition,  or  suspension.  En.  Feb- 
ruary 14,  1872. 

§  11.  Authority  of  courts-martial  preserved.  Courts  of 
justice  to  punish  for  contempts.  This  code  does  not  affect 
any  power  conferred  by  law  upon  any  court-martial,  or  other 
military  authority  or  ofiicer,  to  impose  or  inflict  punishment 
upon  offenders;  nor  any  power  conferred  by  law  upon  any 
public  body,  tribunal,  or  ofiicer,  to  impose  or  inflict  punish- 
ment for  a  contempt.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     94,  333. 

§  12.  Of  sections  declaring  crimes  punishable.  Duty 
of  court.  The  several  sections  of  this  code  which  declare 
certain  crimes  to  be  punishable  as  therein  mentioned,  de- 
volve a  duty  upon  the  court  authorized  to  pass  sentence, 
to  determine  and  impose  the  punishment  prescribed.  En. 
February  U,  1872. 

Cal.  Eep.  Cit.     93,  640;  110,  654. 

Appointing  time  of  pronouncing  judgment:  Post,  sec. 
1191. 

Showing  cause  against  the  judgment:  Post,  sec.  1201. 

§  13.  Punishments,  how  determined.  Whenever  in  this 
code  the  punishment  for  a  crime  is  left  undetermined  be- 
tween certain  limits,  the  punishment  to  be  inflicted  in  a 
particular  case  must  be  determined  by  the  court  authorized 
to  pass  sentence,  within  such  limits  as  may  be  prescribed 
by  this   code.     En.  February   14,   1872. 

§  14.  Witness's  testimony  may  be  read  against  him  on 
prosecution  for  perjury.  Tue  various  sections  of  this  code 
which  declare  that  evidence  obtained  upon  the  examina- 
tion of  a  person   as  a  witness  cannot  be  received  against 


§   15  PRELIMINARY    PROVISIONS.  40 

bim  in  any  criminal  proceeding,  do  not  forbid  such  evidence 
being  proved  against  such  person  upon  any  proceedings 
founded  upon  a  charge  of  perjury  committed  in  such  exam- 
ination.    En.  February  14,   1872. 

§  15.     "Crime"   and   "public  offense"   defined.     A  crime 

or  public  offense  is  an  act  committed  or  omitted  in  violation 
of  a  law  forbidding  or  commanding  it,  and  to  which  is 
annexed,  upon  conviction,  either  of  the  following  punish- 
ments: 

First.     Death. 

Second.     Imprisonment. 

Third.     Fine. 

Fourth.     Removal  from  office;  or, 

Fifth.  Disqualification  to  hold  and  enjoy  any  office  of 
honor,  trust,  or  profit  in  this  state.     En.  February  14,  1872. 

Cal.  Rep.  Cit.  47,  479;  90,  278;  93,  439;  110,  656;  118, 
460;   118,  482;   147,  533. 

Crime  and  public  offense:  See  post,  sees.  16,  17. 

"The  use  of  the  terms  'crime,'  'felony,'  'misdemeanor,' 
and  'offense'  is  far  from  uniform  even  among  legal  writ- 
ers," say  the  code  commissioners,  and  after  citing  the  defi- 
nitions of  several  text-writers,  they  conclude: 

' '  The  definition  of  the  section  is  based  upon  the  usage 
which  has  grown  up  in  this  state  of  employing  '  crime ' 
and  'offense'  in  the  extensive  signification,  and  confining 
'felony'  and  'misdemeanor'  to  denote  the  classes  into  which 
crimes  are  divided,  and  is  in  substantial  accord  with  the 
definitions  given  by  Mr.  Livingston:  Crim.  Code,  art. 
LXXV. ' ' 

Subd.  1.  Death  punishment  in  case  of  treason:  See  post, 
sec.  37.     Of  murder:   Post  sec.   190. 

Subd.  4.  Removal  from  office:  See  post,  sees.  737  et  seq.; 
Const.,  art.  IV,  sees.  18,  21;  Id.,  art.  XII,  sec.  19. 

Subd.  5.  Disqualification  to  hold  office:  Const.  Cal.,  art. 
XX,  sees.  10,  11. 


41  PRELIMINARY    PROVISIONS.  §§  16-20 

§  16.     Crimes,  how    divided.     Crimes     are     divided     into: 

First.     Felonies;   and, 

Second.     Misdemeanors.     En.  February   14,   1872. 

Cal.  Eep.  Cit.     94,  574;   102,  428;  118,  460;   137,  268;  139, 

213. 
See  next  section. 

§  17.  Felony  and  misdemeanor  defined.  A  felony  is  a 
crime  which  is  punishable  with  death  or  by  imprisonment 
in  the  state  prison.  Every  other  crime  is  a  misdemeanor. 
When  a  crime,  punishable  by  imprisonment  in  the  state 
prison,  is  also  punishable  by  fine  or  .imprisonment  in  a  coun- 
ty jail,  in  the  discretion  of  the  court,  it  shall  be  deemed  a 
misdemeanor  for  all  purposes  after  a  judgment  imposing  a 
punishment  other  than  imprisonment  in  the  state  prison. 
En.  February  14,   1872.     Am'd.  1873-4,  455. 

Cal.  Eep.  Cit.  49,  395;  53,  428;  69,  605;  78,  306;  85,  87; 
94,  574;   137,  268;   139,  213;   143,  599. 

§  18.  Punishment  of  felony,  when  not  otherwise  pre- 
scribed. Except  in  cases  where  a  different  punishment 
is  prescribed  by  this  code,  every  offense  declared  to  be  a 
felony  is  punishable  by  imprisonment  in  the  state  prison, 
not   exceeding  five   years.     En.   February   14,   1872. 

Cal.  Eep.  Cit.     47,  479. 

§  19.     Punishment   of   misdemeanor,   when   not   otherwise 

prescribed.     Except   in   cases   where   a   different   punishment 

is   prescribed   by   this   code,   every  offense   declared   to   be   a 

misdemeanor   is    punishable    by   imprisonment    in    a    county 

jail   not   exceeding  six  months,   or  by  a  fine   not   exceeding 

five  hundred  dollars,  or  by  both.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     68,  413;  85,  37;   85,  211;   87,  93;   102,  428; 

114,  371;   114,  282;  124,  152;   124,  153;   124,  154;   139, 

110. 

§  20.  To  constitute  crime  there  must  be  unity  of  act 
and  intent.  In  every  crime  or  public  offense  there  must 
exist  a  union,  or  joint  operation  of  act  and  intent,  or 
criminal   negligence.     En.   February   14,   1872. 

Cal.  Eep.  Cit.     63,  168;  93,  566;  116,  77;  129,  551;  138,  341. 

Intoxication,  effect  of:  Post,  sec.  22. 

Insanity:  Post,  sec.  26. 


§§  21-23  PRELIMINARY    PROVISIONS.  42 

§  21,  Intent,  how  manifested,  and  who  considered  of 
sound  mind.  The  intent  or  intention  is  manifested  by 
the  circumstances  connected  with  the  offense,  and  the  sound 
mind  and  discretion  of  the  accused.  All  persons  are  of 
sound  mind  who  are  neither  idiots  nor  lunatics,  nor  affected 
with    insanity.     En.   February   14,    1872. 

Cal.   Eep.   Cit.     132,   329;    145,    140. 

Presumptions  as  to  intention. — Conclusive  presumption. — 
It  is  provided  in  the  Code  of  Civil  Procedure  that  a  malicious 
and  guilty  intent,  from  the  deliberate  commission  of  an 
unlawful  act,  for  the  purpose  of  injuring  another,  shall  be 
conclusively  presumed:   Code  Civ.  Proc,  sec.  1962. 

§  22.  Drunkenness  no  excuse  for  crime.  When  it  may 
be  considered.  No  act  committed  by  a  person  while  in  a 
state  of  voluntary  intoxication  is  less  criminal  by  reason 
of  his  having  been  in  such  condition.  But  whenever  the 
actual  existence  of  any  particular  purpose,  motive,  or  in- 
tent is  a  necessary  element  to  constitute  any  particular 
species  or  degree  of  crime,  the  jury  may  take  into  considera- 
tion the  fact  that  the  accused  was  intoxicated  at  the  time, 
in  determining  the  purpose,  motive,  or  intent  with  which 
he  committed  the  act.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     65,  278;  98,  112;  93,  487;  95,  428^  100,  390; 

103,  575;   115,  577;   122,  187;   122,  239;   123,  49;   132, 

232;    132,  329;    132,  332. 

§  23.  Certain  statutes  specified  as  continuing  in  force. 
Nothing  in  this  code  affects  any  of  the  provisions  of  the 
following  statutes,  but  such  statutes  are  recognized  as  con- 
tinuing in  force,  notwithstanding  the  provisions  of  the  codes, 
except  so  far  as  they  have  been  repealed  or  affected  by 
subsequent  laws; 

First,  All  acts  incorporating  or  chartering  municipal 
corporations,  and  acts  amending  or  supplementing  such 
acts. 

Second.  All  acts  consolidating  cities  and  counties,  and 
acts  amending  or  supplementing  such  acts. 


43  PRELIMINARY    PROVISIONS.  §  23 

Third.  All  acts  for  funding  the  state  debt,  or  any  part 
thereof,  and  for  issuing  state  bonds,  and  acts  amending  or 
supplementing  such  acts. 

Fourth.     All   acts   regulating   and   in   relation   to   rodeos. 

Fifth.     All  acts  in  relation  to  judges  of  the  plains. 

Sixth.  All  acts  creating  or  regulating  boards  of  water 
commissioners  and  overseers  in  the  several  townships  or 
counties  of  the  state. 

Seventh,     i^ll  acts  in  relation  to  a  branch  state  prison. 

Eighth.  An  act  for  the  more  effectual  prevention  of  cru- 
elty to  animals,  approved  March  thirtieth,  eighteen  hundred 
and  sixty-eight. 

Ninth.  An  act  for  the  suppression  of  Chinese  houses 
of  ill-fame,  approved  March  thirty-first,  eighteen  hundred 
and  sixty-six. 

Tenth.  An  act  relating  to  the  Home  of  the  Inebriate  of 
San  Francisco,  and  to  prescribe  the  powers  and  duties  of 
the  board  of  managers  and  the  officers  thereof,  approved 
April  first,  eighteen  hundred  and  seventy. 

Eleventh.  An  act  concerning  marks  and  brands  in  the 
county  of  Siskiyou,  approved  March  twentieth,  eighteen 
hundred   and  sixty-six. 

Twelfth.  An  act  to  prevent  the  destruction  of  fish  in  the 
waters  of  Bolinas  Bay,  in  Marin  County,  approved  March 
thirty-first,   eighteen  hundred   and  sixty-six. 

Thirteenth.  An  act  concerning  trout  in  Siskiyou  County, 
approved  April  second,  eighteen  hundred  and  sixty-six. 

Fourteenth.  An  act  to  prevent  the  destruction  of  fish  in 
Napa  River  and  Sonoma  Creek,  approved  January  twenty- 
ninth,  eighteen  hundred  and  sixty-eight. 

Fifteenth.  An  act  to  prevent  the  destruction  of  fish  and 
game  in,  upon,  and  around  the  waters  of  Lake  Merritt  or 
Beralta,  in  the  county  of  Alameda,  approved  March  eigh- 
teenth, eighteen  hundred  and  seventy. 

Sixteenth.     An    act    to    regulate    salmon    fisheries    in    Eel 


§  23  PRELIMINARY    PROVISIONS.  « 

River,  in  Humboldt  County,  approved  April  eighteenth, 
eighteen  hundred  and  fifty-nine. 

Seventeenth.  An  act  for  the  better  protection  of  stock- 
raisers  in  the  counties  of  Fresno,  Tulare,  Monterey  and 
Mariposa,  approved  March  twentieth,  eighteen  hundred  and 
sixty-six. 

Eighteenth.  An  act  concerning  oysters,  approved  April 
twenty-eighth,  eighteen  hundred  and  fifty-one. 

Nineteenth.  An  act  concerning  oyster-beds,  approved 
April  second,  eighteen  hundred  and  sixty-six. 

Twentieth.  An  act  concerning  gas  companies,  approved 
April  fourth,  eighteen  hundred  and  seventy.  En.  February 
14,  1872, 

See  further  acts  in  force:  Pol.  Code,  sees.  19,  4442. 

Subds.  1-6.  Eeferences  to  the  acts  referred  to  in  the  first 
six  subdivisions  will  be  found  in  the  General  Laws  under 
the  various  titles. 

Subd.  7.  Branch  prisons:  See  acts  in  Appendix,  title  State 
Prisons. 

Subds.  8-20.  The  act  referred  to  in  subd.  8  will  be  found 
in  Stats.  1868,  604;  but  see  Stats.  1874,  499.  In  subd.  9, 
see  Stats.  1866,  641;  but  see  amendment,  Stats.  1874,  84. 
In  subd.  10,  see  Stats.  1870,  585;  Stats.  1875-6,  325.  [Ee- 
pealed  1895,  76,  201.]  In  subd.  11,  see  Stats.  1866,  332.  In 
subd.  12,  see  Stats.  1866,  637.  In  subd.  13,  see  Stats.  1866, 
857.  In  subd.  14,  see  Stats.  1868,  13;  but  see  amendment. 
Stats.  1871,  441.  In  subd.  15,  see  Stats.  1870,  325.  In  subd. 
16,  see  Stats.  1859,  298.  In  subd.  17,  see  Stats.  1866,  322. 
In  subd.  18,  see  Stats.  1851,  432;  but  see  repealing  clause, 
Stats.  1874,  940.  In  subd.  19,  see  Stats.  1866,  848;  also  see 
Stats.  1874,  940. 

Many  amendments  and  new  sections  to  the  Penal  Code 
are  taken  from  "An  act  to  amend  the  Penal  Code,"  ap- 
proved March  30,  1874;  Amendments  1873-4,  419.  The 
amendatory  act  contained  two  other  sections,  in  reference 
to   the   eifect   of  the  new  provisions,  as  follows: 


4.1  PRELIMINARY    PROVISIONS.  §   ^4 

Sec.  88.  All  provisions  of  law  inconsistent  with  the  pro- 
visions of  this  act  are  repealed,  except  as  to  offenses  com- 
mitted before  this  act  takes  effect,  and  as  to  such  offenses, 
and  for  the  punishment  of  parties  guilty  thereof,  the  re- 
pealed  provisions   shall    continue    in    force. 

Sec.  89.  This  act  shall  take  effect  on  the  first  day  of 
July,  one  thousand  eight  hundred  and  seventy-four. 

§24.  This  act,  how  cited.  This  act,  whenever  cited, 
enumerated,  referred  to,  or  amended,  may  be  designated 
simply  as  the  Penal  Code,  adding,  when  necessary,  the 
number  of   the  section.     En.  February  14,   1872. 

This  act,  how  cited. — The  constitution  nowhere  uses  the 
word  "code,"  but  speaks  of  the  way  in  which  an  "act" 
may  be  revised  or  amended:   Art.  IV,  sec.  24. 

Title  of  the  act:  See  ante,  sec.  1. 


PART  I. 


or   CRIMES  AND   PUNISHMENTS. 

(§§   26-680.) 
(47) 


TITLE  I. 

OF  PERSONS   LIABLE   TO   PUNISHMENT   FOR   CRIME. 

§  26.    Who  are   capable   of   committing   crimes. 

§  27.     Who   are   liable   to   punishment. 

§  2S.     Prisoners   to   be   discharged    on   Monday. 

§  26.  Who  are  capable  of  committing  crimes.  All  per- 
sons are  capable  of  committing  crimes  except  those  belong- 
ing to  the  following  classes: 

1.  Children  under  the  age  of  fourteen,  in  the  absence  of 
clear  proof  that  at  the  time  of  committing  the  act  charged 
against  them,  they  knew  its  wrongfulness; 

2.  Idiots; 

3.  Lunatics  and   insane   persons; 

4.  Persons  who  committed  the  act  or  made  the  omission 
charged  under  an  ignorance  or  mistake  of  fact,  which  dis- 
proves any  criminal  intent; 

5.  Persons  who  committed  the  act  charged  without  being 
conscious  thereof; 

6.  Persons^  who  committed  the  act  or  made  the  omission 
charged  through  misfortune  or  by  accident,  when  it  ap- 
pears that  there  was  no  evil  design,  intention,  or  culpable 
negligence; 

7.  Married  women  (except  for  felonies)  acting  under  the 
threats,  command,  or  coercion  of  their  husbands; 

8.  Persons  (unless  the  crime  be  punishable  with  death) 
who  committed  the  act  or  made  the  omission  charged  under 
threats  or  menaces  sufficient  to  show  that  they  had  reason- 
able cause  to  and  did  believe  their  lives  would  be  endan- 
gered if  they  refused.  En.  February  14,  1872.  Am'd.  1873- 
4,  422. 

Cal.   Rep.   Cit.     132,  329. 

Idiots:   See  post,  sees.   1367  et  seq. 

Acquittal  on  the  ground  of  insanity,  proceedings  after 
and  committment  to  asylum:  Post,  sec.  1167. 

Pen.  Code— 4  (49) 


§§  27,  28  PERSONS    LIABLE    TO    PUNISHMENT.  50 

Submitting  the  question  of  sanity  to  a  jury:  Post,  sec 
1368. 

§  27.  Who  are  liable  to  punishment.  The  following  per- 
sons are  liable  to  punishment  under  the  laws  of  this  state: 

1.  All  persons  who  commit,  in  whole  or  in  part,  any  crime 
within  this  state; 

2.  All  who  commit  any  offense  without  this  state  which, 
if  committed  within  this  state,  would  be  larceny,  robbery, 
or  embezzlement  under  the  laws  of  this  state,  and  bring  the 
property  stolen  or  embezzled,  or  any  part  of  it,  or  are  found 
with  it,  or  any  part  of  it,  within  this  state; 

3.  All  who,  being  without  this  state,  cause  or  aid,  advise 
or  encourage,  another  person  to  commit  a  crime  within  this 
state,  and  are  afterwards  found  therein.  En.  February  14, 
1872.     Am'd.  1905,  638. 

The  amendment  consists  of  a  recasting  of  subdivision  2,  designed  to 
malce  it  punlsliable  in  this  state  to  embezzle  money  in  another  state 
and  bring  the  money  embezzled  or  some  part  of  it  into  this  state. 
The  section  as  it  now  stands  authorizes  the  conviction  and  punish- 
ment of  persons  committing  larceny  or  robbery  outside  the  state,  who 
bring  the  property  stolen  into  this  state,  but  does  not  extend  to  the 
case   of   embezzlement. — Code   Commissioner's   Note. 

Cal.  Eep.  Cit.     132,  232. 
See  post,  sec.  778. 

§  28.  Prisoners  to  be  discharged  on  Monday.  En.  Stats. 
1901,  11.     Am'd.  1903,  236.     Eep.  1905,  491. 


51  PARTIES    TO    CRIMK.  §§  30-3:i 

TITLE    II. 

OF   PAETIES   TO    CRIME. 

§  30.  Classification    of    parties    to    crime. 

§  31.  Who   are   principals. 

§  32.  Who   are    accessories. 

§  33.  Puni.shment    of   accessories. 

§  30.  Classification  of  parties  to  crime.  The  parties  to 
crimes  are  classified  as: 

1.  Principals;  and, 

2.  Accessories.     En.  February  14,   1872. 
Gal.  Eep.   Cit.     144,  77. 

Principals:    See  post,   sec.   31. 
Accessories:   See   post,  sec.   32. 

§  31.  Who  are  principals.  All  persons  concerned  in  the 
commission  of  a  crime,  whether  it  be  felony  or  misde- 
meanor, and  whether  they  directly  commit  the  act  con- 
stituting the  oflfense,  or  aid  and  abet  in  its  commission,  or, 
not  being  present,  .have  advised  and  encouraged  its  com- 
mission, and  all  persons  counseling,  advising,  or  encour- 
aging children  under  the  age  of  fourteen  years,  lunatics  or 
idiots,  to  commit  any  crime,  or  who,  by  fraud,  contrivance, 
or  force,  occasion  the  drunkenness  of  another  for  the  pur- 
pose of  causing  him  to  commit  any  crime,  or  who,  by  threats, 
menaces,  command,  or  coercion,  compel  another  to  commit 
any  crime,  are  principals  in  any  crime  so  committed.  En. 
February  14,  1872. 

Gal.   Rep.   Cit.     56,   398;    78,   86;    113,   179;    122,   492;    138, 
627;  138,  630;   143,  264;   144,  77;   144,  79. 

§  32.  Who  are  accessories.  All  persons  who,  after  full 
knowledge  that  a  felony  has  been  committed,  conceal  it 
from  the  magistrate,  or  harbor  and  protect  the  person 
charged  with  or  convicted  thereof,  are  accessories.  En. 
February   14,   1872. 

Gal.  Eep.  Cit.     78,  87;   129,  366. 

§  33.  Punishment  of  accessories.  Except  in  cases  where 
a   different   i^unishment   is    prescribed,   an   accessory   is   pun- 


§§  37.  38       OFFENSES    AGAINST    SOVEREIGNTY    OF    STATE.  52 

ishable  by  imprisonment  in  the  state  prison  not  exceeding 
five  years,  or  in  a  county  jail  not  exceeding  two  years,  or 
by  fine   not   exceeding  five   thousand  dollars.     En.  February 

14,   1872. 

Aiding  in   misdemeanor  is  a   misdemeanor:   See  post,  sec. 
659. 


TITLE     III. 

OF  OFi'ENfSES  AGAINST  THE   SOVEEEIGNTY  OF  THE 
STATE. 

§  37.     Trea.son,    who    only   can    commit. 
§  38.     MiFprision   of  treason. 

§  37.     Treason,   who    only   can   commit.     Treason    against 

this  state  consists  only  in  levying  war  against  it,  adhering 
to  its  enemies,  or  giving  them  aid  and  comfort,  and  can 
be  committed  only  by  persons  owing  allegiance  to  the  state. 
The  punishment  of  treason  shall  be  death.  En.  February 
14,  1872. 

Treason  against  a  state  is  an  offense  at  common  law,  and 
is  so  recognized  in  the  constitution  of  the  United  States: 
See  Const.  U.  S.,  art.  IV,  sec.  2. 

Treason  against  the  state  shall  consist  only  in  levying 
war  against  it,  adhering  to  its  enemies,  or  giving  them  aid 
and  comfort.  No  person  shall  be  convicted  of  treason  un- 
less on  the  evidence  of  two  witnesses  to  the  same  overt 
act,  or  confession  in  open  court:  Const.  Cal.,  art.  I,  sec.  20; 
see  also.  Const.  U.  S.,  art.  Ill,  sec.  3. 

Two  witnesses  necessary:   See  Code  Civ.  Proc,  see.   1968. 

Owing  allegiance  to  the  state:  See  Pol.  Code,  sees.  55,  56. 

§  38.  Misprision  of  treason.  Misprision  of  treason  is 
the  knowledge  and  concealment  of  treason,  without  other- 
wise assenting  to  or  participating  in  the  crime.  It  is  pun- 
ishable by  imprisonment  in  the  state  prison  for  a  term  not 
exceeding  five  years.     En.  February  14,  1872. 


53  CRIMES   AGAINST    ELECTIVE    FRANCHISE.  S   10 

TITLE  IV. 

OP   CRIMES   AGAINST   THE   ELECTIVE   FRANCHISE. 

§  40.     Person  acting  as   election   officer   without  appointment. 

§  41.     Violation    of   election    laws   by   certain   officers   a   felony. 

§  42.     Fraudulent  registration  a  felony. 

§  42a.  Allowing    fraudulent    registration. 

§  43.     Refusal   to  be  sworn  or  to  answer  board  of  judges. 

§  44.     Refusal    to    obey    summons    of    board. 

§  45.     Fraudulent  voting. 

§  46.    Attempting   to  vote  when  not  qualified. 

§  47.     Procuring    illegal    voting. 

§  4S.     Changing    ballots    or    altering   returns    by    election   officers. 

§  49.     Officers   unfolding    or    marking   tickets. 

§  49a.  Officer   who   cannot   read   or   write,    or  refusing   to   serve. 

§  50.     Forging    or    altering    returns. 

§  51.    Ad'Jing   to   or   subtracting   from   votes   cast. 

§  52.     Persons    aiding   and    abetting. 

§  53.     Intimidating,    corrupting,    deceiving,    or   defrauding    electors. 

g  54.     Furnishing    money    for    elections. 

§  54a.  Receiving  or  contracting  for  any  money  or  thing  of  value  tor 
voting    or   not    voting. 

§  54b.  Promising  or  contributing  any  money  or  valuable  consideration 
for  a  pel  son's  voting  or  not  voting. 

§  55.     Offers    to    procure    offices    for   electors. 

§  55a.  Soliciting  or  demanding  candidate  vote  for  or  against  any  meas- 
ure or  bill. 

§  56.     Communicating   such   offer. 

§  57.     Giving    or    offering   bribes    to    members    of    legislative    caucas,    etc. 

g  57a.  Officers   of  election  aiding  in   wrongdoing. 

g  .JS.     Preventing  public    meetings. 

g  .59.     Force,    violence    or    restraint    use-d    to    influence    vote. 

g  60.     Betting  on   elections. 

g  61.     Violation   of  election   laws  by   persons  not  officers. 

g  62.    Violation  of  election  laws  as  to  tickets. 

g  62a.  Circulating  anonymous  circulars  relating  to  candidate  a  misde- 
meanor. 

§  62b.  Printer   must   put   imprint   on   printed   matter. 

g  63.     Advancing   money   by   candidate   for  United   States  senate. 

g  63%.  Candidate  or  member  of  legislature  accepting  money. 

§  63b.  Sale   of   intoxicants   on. election   days. 

g  64.     No    prosecution   against   witness   in    election   cases. 

g  64V4.  Primary    elections,    provisions    relating    to. 

§  40.  Person  acting  as  election  officer  without  appoint- 
ment. Any  person  who  acts  as  an  election  officer  at  any 
election,  without  first  having  been  appointed  and  qualified 
as  such,  and  any  person  who,  not  being  an  election  officer, 
performs  or  discharges  any  of  the  duties  of  an  election 
officer,  in  regard  to  the  handling  or  counting  or  canvassing 
of  any  ballots  cast  at  any  election,  shall  be  guilty  of  a 
felony,  and  on  conviction  be  punished  by  imprisonment  in 
the  state  prison  for  not  less  than  two  nor  more  than  seven 
years.     En.  Stats.   1895,   74. 


§§  41-44  CRIMES   AGAINST   ELECTIVE   FRANCHISE.  54 

§  41.  Violation  of  election  laws  hy  certain  ofi&cers  a 
felony.  Every  person  charged  with  the  performance  of 
any  duty,  under  the  provision  of  any  law  of  this  state 
relating  to  elections,  who  willfully  neglects  or  refuses  to 
perform  it,  or  who,  in  his  official  capacity,  knowingly  and 
fraudulently  acts  in  contravention  or  violation  of  any  of 
the  provisions  of  such  laws,  is,  unless  a  different  punish- 
ment for  such  acts  or  omissions  is  prescribed  by  this  code, 
punishable  by  fine  not  exceeding  one  thousand  dollars,  or 
by  imprisonment  in  the  state  prison  not  exceeding  five 
years,  or  by  both.     En.  February  14,   1872. 

Cal.   Eep.   Cit.     7.5,   628;   75,   631;   142,   79;   146,   309, 

§  42.  Fraudulent  registration  a  felony.  Every  person 
who  willfully  causes,  procures,  or  allows  himself  to  be  regis- 
tered in  any  register  of  electors  required  by  law  to  be  made 
or  kept,  knowing  himself  not  to  be  entitled  to  such  regis- 
tration, is  punishable  by  imprisonment  in  the  state  prison 
for  not  less  than  one  nor  more  than  three  years.  En.  Feb- 
ruary 14,  1872.     Am'd.  1905,  639. 

The    amendment    conforms    the    section    to    section    21    of    the    Puricy 
of   Elections   Act   (Stats.    1893,    p.   12). — Code   Commissioner's   Note. 

§  42a.  Allowing  fraudulent  registration.  Every  person 
who  willfully  causes,  procures,  or  allows  any  other  person 
to  be  registered  in  any  register  of  electors  required  by  law 
to  be  made  or  kept,  knowing  him  not  to  be  entitled  to  such 
registration,  is  punishable  by  imprisonment  in  the  state 
prison  for  not  less  than  one  nor  more  than  three  years. 
En.  Stats.  1905,  639. 

This    is    a    codification    of    section    22    of    the    Purity    of    Elections    Act 
(Stats.   1S93,   p.   12).— Code  Commissioner's  Note. 

§  43.     Refusal  to  be  sworn  or  to  answer  board  of  judges. 

Every  person  who,  after  being  required  by  the  board  of 
judges  at  any  election,  refuses  to  be  sworn,  or  being  sworn, 
refuses  to  answer  any  pertinent  question,  propounded  by 
such  board,  touching  the  right  of  another  to  vote,  is  guilty 
of  a  misdemeanor.  En.  February  14,  1872.  Am'd.  1873-4, 
423. 

§  44.  Refusal  to  obey  summons  of  board.  Every  person 
summoned  to  appear  and  testify  before  any  board  of  regis- 
tration, who  willfully  disobeys  such  summons,  is  guilty  of 
a  misdemeanor.     En.  February  14,  1872. 


55  CRIMES    AGAINST    ELECTIVE    FRANCHISE.  §§  45-47 

§  45.  Fraudulent  voting.  Every  person  not  entitled  to 
vote  who  fraudulently  votes,  and  every  person  who  votes 
more  than  once  at  any  ojie  election,  or  knowingly  hands  in 
two  or  more  tickets,  folded  together,  or  changes  any  ballot 
after  the  same  has  been  deposited  in  the  ballot-box,  or  adds, 
or  attempts  to  add,  any  ballot  to  those  legally  polled  at  any 
.election,  by  fraudulently  introducing  the  same  into  the  bal- 
lot-box either  before  or  after  the  ballots  therein  have  been 
counted;  or  adds  to,  or  mixes  with,  or  attempts  to  add  to 
or  mix  with,  the  ballots  lawfully  polled,  other  ballots,  while 
the  same  are  being  counted  or  canvassed,  or  at  any  other 
time,  with  intent  to  change  the  result  of  such  election;  or 
carries  away  or  destroys,  or  attempts  to  carry  away  or 
destroy,  any  poll-list,  or  ballots,  or  ballot-box,  for  the  pur- 
pose of  breaking  up  or  invalidating  such  election,  or  will- 
fully detains,  mutilates,  or  destroys  any  election  returns, 
or  in  any  manner  so  interferes  with  the  officers  holding  such 
election  or  conducting  such  canvass,  or  with  the  voters  law- 
fully exercising  their  rights  of  voting  at  such  election,  as  to 
prevent  such  election  or  canvass  from  being  fairly  held  and 
lawfully  conducted,  is  guilty  of  a  felony.  En.  February  14, 
1872.     Am'd.  1905,  639. 

Two     clerical     errors  are     corrected.     The     word      "illegally,"     before 

"polled,"    is  changed  to    "legally";   and   the  word    "either"    is   omitted 

after    "elector,"    and  inserted    between    "ballot-box"    and    "before."  — 

Code    Commissioner's  Note. 

Cal.  Eep.  Cit.     91,  467;   145,  108. 

§  46.  Attempting  to  vote  when  not  qualified.  Every  per- 
son not  entitled  to  vote,  who  fraudulently  attempts  to  vote, 
or  who,  being  entitled  to  vote,  attempts  to  vote  more  than 
once  at  any  election,  or  who  personates,  or  attempts  to  per- 
sonate, a  person  legally  entitled  to  vote,  is  punishable  by 
imprisonment  in  the  state  prison  for  not  less  than  one  nor 
more  than  two  years.  En.  February  14,  1872.  Am'd.  1905, 
640. 

Section   24   of   the   Purity    of    Elections   Act    (Stats.    1S93,    p.    12)    is    here 
codifled.— Code    Commissioner's    Note. 

§  47.  Procuring  illegal  voting.  Every  person  who  pro- 
cures, assists,  counsels,  or  advises  another  to  give  or  offer 
his  vote  at  any  election,  knowing  that  the  person  is  not 
qualified  to  vote,  or  who  aids  or  abets  in  the  commission  of 
any  of  the   offenses  mentioned  in   the  preceding  section,  is 


§§  48-49a         CRIMES   AGAINST   ELECTIVE   FRANCHISE.  56 

punishable  by  imprisonment  in  the  state  prison  not  exceed- 
ing two  years.     En.  February  14,  1872.     Am'd.  1905,  640. 

Section    2S    of   the    Purity   of   Elections    Act    (Stats.    1893,    p.    12)    is    here 
codifled. — Code    Commissioner's    Note. 

§  48.  Changing  ballots  or  altering  returns  by  election 
oflacers.  Every  officer  or  clerk  of  election  who  aids  in 
changing  or  destroying  any  poll  list,  or  in  placing  any 
ballots  in  tne  ballot-box,  or  taking  any  therefrom,  or  adds, 
or  attempts  to  add,  any  ballots  to  those  legally  polled  at 
such  election,  either  by  fraudulently  introducing  the  same 
into  the  ballot-box  before  or  after  the  ballots  therein  have 
been  counted,  or  adds  to  or  mixes  with,  or  attempts  to 
add  to  or  mix  with  the  ballots  polled  any  other  ballots, 
while  the  same  are  being  counted  or  canvassed,  or  at  any 
other  time,  with  intent  to  change  the  result  of  such  elec- 
tion, or  allows  another  to  do  so,  when  in  his  power  to 
prevent  it,  or  carries  away  or  destroys  or  knowingly  al- 
lows another  to  carry  away  or  destroy  any  poll  list,  ballot- 
box,  or  ballots  lawfully  polled,  is  punishable  by  imprison- 
ment in  the  state  prison  for  not  less  than  two  nor  more 
than  seven  years.     En.  February  14,  1872. 

§  49.     Oflacers   of  election  unfolding  or  marking  ballots. 

Every  inspector,  judge,  or  clerk  of  an  election  who,  previously 
to  putting  the  ballot  of  an  elector  in  the  ballot-box,  attempts 
to  find  out  any  name  on  such  ballot  or  who  opens  or  suffers 
the  folded  ballot  of  any  elector  which  has  been  handed  in, 
to  be  opened  or  examined  previously  to  putting  the  same 
into  the  ballot-box,  or  who  makes  or  places  any  mark  or 
device  on  any  folded  ballot  with  a  view  to  ascertain  the 
name  of  any  person  for  whom  the  elector  has  voted,  or 
who,  without  the  consent  of  the  elector,  discloses  the  name 
of  any  person  which  such  inspector,  judge,  or  clerk  has 
fraudulently  or  illegally  discovered  to  have  been  voted  for 
by  such  elector,  is  punishable  by  a  fine  of  not  less  than 
fifty  nor  more  than  five  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail,  for  not  less  than  thirty  days  nor 
more  than  six  months,  or  by  both  such  fine  and  imprison- 
ment.    En.   February   14,   1872.     Am'd.   1905,   640. 

Section    42    of    the    Purity    of    Elections    Act    (Stats.    1893,    p.    12)    is    here 
codified. — Code   Commissioner's   Note. 

§  49a.  Ofl5.cers  of  election  ■who  cannot  read  or  'write  or 
refusing  to  serve.  Anj^  person  acting  as  a  member  of  anj 
election  board,  or  as  a  clerk  upon  such  board,  who  cannot  read 


57  CRIMES    AGAINST    ELECTIVE    FRANCHISE.  §§  50-53 

;ind  write  the  English  language,  or  any  person  who  refuses  to 
act  upon  such  board,  or  as  a  clerk  thereof,  after  proper 
notification  of  his  appointment,  who  is  otherwise  eligible, 
unless  good  and  sufficient  cause  for  such  refusal  is  shown 
to  the  election  board  or  board  of  supervisors,  is  guilty  of 
a  misdemeanor,  and  is  subject  to  a  fine  of  five  hundred  dol- 
lars, and  upon  failure  to  pay  such  fine,  must  be  imprisoned 
in  the  county  jail  of  the  county  for  the  period  of  one  day 
for  each  two  dollars  of  such  fine.     En.  Stats.  1905,  640. 

This  Is  the  last  sentence  of  section  1142  of  the  Political  Code,  the  mat- 
ter being  of  a  nature  which  has  an  appropriate  place  in  this  Code.— 
Code   Commnilssioner's   Note. 

§  50.  Forging  or  altering  returns.  Every  person  who 
forges  or  counterfeits  returns  of  an  election  purporting 
to  have  been  held  at  a  precinct,  town,  or  ward  where  no 
election  was  in  fact  held,  or  willfully  substitutes  forged 
or  counterfeit  returns  of  election  in  the  place  of  true  re- 
turns for  a  precinct,  town,  or  ward  where  an  election  was 
actually  held,  is  punishable  by  imprisonment  in  the  state 
prison  for  a  term  not  less  than  two  nor  more  than  seven 
years.     En.  February  14,  1872.     Am'd.     1905,  641. 

This  is  a  codification  of  the  first  sentence  of  section  27  of  the  Purity 
of   Elections   Act    (Stats.    1S93,    p.    12.)— Code   Commissioner's    Note. 

§  51.  Adding  to  or  subtracting  from  votes  cast.  Every 
person  who  willfully  adds  to,  or  subtracts  from,  the  votes 
actually  cast  at  -an  election,  in  any  official  or  unofficial  re- 
turns, or  who  alters  such  returns,  is  punishable  by  imprison- 
ment in  the  state  prison  for  not  less  than  one  nor  more  than 
five  years.     En.  February  14,  1872.     Am'd.     1905,  641. 

This  is  a  codification  of  the  second  sentence  of  section  27  of  the  Purity 
of    Elections   Act    (Stats.    1893,    p.    12.)— Code    Commissioner's    Note. 

§  52.  Persons  aiding  and  abetting.  Every  person  who 
aids  or  abets  in  the  commission  of  any  of  the  offenses 
meutioned  in  the  four  preceding  sections,  is  punishable  by 
imprisonment  in  the  county  jail  for  the  period  of  six  months, 
or  in  the  state  prison  not  exceeding  two  years.  En.  Feb- 
ruary 14,  1872.     Am'd.  1873-4,  423. 

§  53.  Intimidating,  corrupting,  deceiving,  or  defrauding 
electors.  Every  person  who,  by  force,  threats,  menaces, 
bribery,  or  any  corrupt  means,  either  directly  or  indirectly, 
attempts  to  influence  any  elector  in  giving  his  vote,  or  to 


§§  54,  54a  CRIMES   AGAINST   ELECTIVE    FRANCHISE.  5S 

deter  him  from  giving  the  same;  or  attempts  by  any  means 
whatever  to  awe,  restrain,  hinder,  or  disturb  any  elector 
in  the  exercise  of  the  right  of  suffrage,  or  furnishes  any 
elector  wishing  to  vote,  who  cannot  read,  with  a  ticket, 
informing  or  giving  such  elector  to  understand  that  it 
contains  a  name,  written  or  printed  thereon,  different  from 
the  name  which  is  written  or  printed  thereon,  or  defrauds 
any  elector  at  any  such  election  by  deceiving  and  causing 
such  elector  to  vote  for  a  different  person  for  any  office 
than  he  intended  or  desired  to  vote  for;  or  who,  being 
inspector,  judge,  or  clerk  of  any  election,  while  acting 
as  such,  induces  or  attempts  to  induce  any  elector,  either 
by  menace  or  reward,  or  promise  thereof,  to  vote  differently 
from  what  such  elector  intended  or  desired  to  vote,  is  guilty 
of  felony.     En.  February  14,  1872.     Am'd.   1893,  7. 

§  54.  Furnishing  money  for  elections.  Every  person  who, 
with  intent  to  promote  the  election  of  himself  or  any  other 
person,  either — 

1.  Furnishes  entertainment  at  his  expense  to  any  meet- 
ing of  electors  previous  to  or  during  an  election; 

2.  Pays  for,  procures,  or  engages  to  pay  for  any  such 
entertainment; 

3.  Furnishes  or  engages  to  pay  or  deliver  any  money  or 
property  for  the  purpose  of  procuring  the  attendance  of 
voters  at  the  polls,  or  for  the  purpose  of  compensating  any 
person  for  procuring  attendance  of  voters  p,t  the  polls,  ex- 
cept for  the  conveyance  of  voters  who  are  sick  or  infirm; 

4.  Furnishes  or  engages  to  pay  or  deliver  any  money  or 
property  for  any  purpose  intended  to  promote  the  election 
of  any  candidate,  except  for  the  expenses  of  holding  and 
conducting  public  meetings  for  the  discussion  of  public 
questions,  and  of  printing  and  circulating  ballots,  hand- 
bills, and  other  papers  previous  to  such  election; 

- — is  guilty  of  a  misdemeanor.     En.  February  14,   1872. 
Buying  appointment  to  office:     Post,  sec.  73. 

§  54a.  Receiving  or  contracting  for  any  money  or  thing 
of  value  for  voting  or  not  voting.  It  is  unlawful  for  any 
person,  directly,  by  himself,  or  through  any  other  person: 

1.  To  receive,  agree,  or  contract  for,  before  or  during  an 
election,  any  money,  gift,  loan,  or  other  valuable  considera- 
tion, office,  place,  or  employment,  for  himself  or  any  other 
person,   for   voting   or   agreeing   to    vote,    or   for   coming   or 


5Sa  CRIMES    AGAINST    ELECTIVE    FRANCHISE.  §  54b 

agreeing  to  come  to  the  polls,  or  for  refraining  or  agreeing 
to  refrain  from  voting,  or  for  voting  or  agreeing  to  vote,  or 
refraining  or  agreeing  to  refrain  from  voting,  for  any  par- 
ticular person  or  persons  at  any  election; 

2.  To  receive  any  money,  or  other  valuable  thing,  during 
or  after  an  election,  on  account  of  himself  or  any  other 
person  having  voted,  oi  refrained  from  voting,  for  any  par- 
ticular person  or  persons  at  such  election,  or  on  account  of 
himself  or  any  other  person  having  come  to  the  polls  or  re- 
mained away  from  the  polls  at  such  election,  or  on  account 
of  having  induced  any  other  person  to  vote  or  refrain  from 
voting,  or  to  vote  or  refrain  from  voting  for  any  particu- 
lar person  or  persons,  or  to  come  to  or  remain  away  from 
the  polls  at  such  election; 

3.  To  receive  any  money  or  other  valuable  thing,  before, 
during,  or  after  election,  on  account  of  himself  or  any 
other  person  having  voted  to  secure  the  election  or  indorse- 
ment of  any  other  person  as  the  nominee  or  candidate  of 
any  convention,  organized  assemblage  of  delegates,  or  other 
body  representing,  or  claiming  to  represent,  a  political  party 
or  principle,  or  any  club,  society,  or  association,  or  on 
account  of  himself  or  any  other  person  having  aided  in 
securing  the  selection  or  indorsement  of  any  other  person  as 
a  nominee  or  candidate  as  aforesaid. 

Kvery  person  who  commits  any  of  the  offenses  mentioned 
ii'  this  section  is  punishable  by  imprisonment  in  the  state 
prison  for  not  less  than  one  nor  more  than  seven  years.  En. 
8tats.    1905,   641. 

Section    20    of    the    Purity    of    Elections    Act    (Stats.    1S93,    p.    12)    is    hero, 
codifieil. — Gale    Commissioner'.?    Note. 

§  54b.  Promising  or  contributing  any  money  or  valuable 
consideration  for  a  person's  voting  or  not  voting.  It  is  un- 
lawful for  any  person,  directly  or  indirectly,  by  himself  or 
through  any  other  person : 

1.  To  pay,  lend,  or  contribute,  or  offer  or  promise  to  pay, 
lend,  or  contribute,  any  money  or  other  valuable  considera- 
tion to  or  for  any  voter,  or  to  or  for  any  other  person,  to 
induce  such  voter  to  vote  or  refrain  from  voting  at  any 
election,  or  to  induce  any  voter  to  vote  or  refrain  from  vot- 
ing at  such  election  for  any  particular  person  or  persons,  or 
to  induce  such  voter  to  come  to  the  polls  or  remain  away 
from  the  polls  at  such  election,  or  on  account  of  such  voter 
having  voted  or  refrained  from  voting,  or  having  voted  or 


§  54b  CRIMES   AGAINST   ELECTIVE   FRANCHISE.  58b 

refrained  from  voting  for  any  particular  person,  or  having 
come  to  the  polls  or  remained  away  from  the  polls  at  such 
election; 

2.  To  give,  offer,  or  promise  any  office,  place,  or  employ- 
ment, or  to  promise  to  procure,  or  endeavor  to  procure,  any 
office,  place,  or  employment  to  or  for  any  voter,  or  to  or 
for  any  other  person,  in  order  to  induce  such  voter  to  vote 
or  refrain  from  voting  at  any  election,  or  to  induce  any 
voter  to  vote  or  refrain  from  voting  at  such  election  for  any 
particular  person   or  persons; 

3.  To  make  any  gift,  loan,  promise,  offer,  procurement,  or 
agreement,  as  aforesaid,  to,  for,  or  with  any  person,  in  order 
to  induce  such  person  to  procure,  or  endeavor  to  procure, 
the  election  of  any  person,  or  the  vote  of  any  voter  at  any, 
election; 

4.  To  procure,  engage,  promise,  or  endeavor  to  procure, 
in  consequence  of  any  such  gift,  loan,  offer,  promise,  procure- 
ment, or  agreement,  the  election  of  any  person,  or  the  vote 
o.  any  voter  at  such  election; 

5.  To  advance  or  pay,  or  cause  to  be  paid,  any  money  or 
other  valuable  thing  to  or  for  the  use  of  any  other  person, 
with  the  intent  that  the  same,  or  any  part  thereof,  shall  be 
used  in  bribery  at  any  election;  or  to  knowingly  pay,  or 
cause  to  be  paid,  any  money  or  other  valuable  thing  to 
any  person  in  discharge  or  repayment  of  any  money,  wholly 
or  in  part,  expended  in  bribery  at  any  election; 

6.  To  advance  or  pay,  or  cause  to  be  paid,  any  money  or 
other  valuable  thing  to  or  for  the  use  of  any  other  person, 
with  the  intent  that  the  same,  or  any  part  thereof,  shall  be 
used  for  boarding,  lodging,  or  maintaining  a  person  at  any 
place  or  domicile  in  any  election  precinct,  ward,  or  district, 
with  intent  to  secure  the  vote  of  such  person,  or  to  induce 
such  person  to  vote  for  any  particular  person  or  persons  at 
any  election; 

7.  To  advance  or  pay,  or  cause  to  be  paid,  any  money  or 
other  valuable  thing  to  or  for  the  use  of  any  other  person, 
with  the  intent  that  the  same,  or  any  part  thereof,  shall  be 
used  to  aid  or  assist  any  person  to  evade  arrest,  who  is 
charged  with  the  commission  of  a  crime  against  the  elective 
franchise,  for  which,  if  the  person  were  convicted,  the 
punishment  would  be  imprisonment  in  the  state  prison; 

8.  To  advance  or  pay,  or  cause  to  be  paid,  any  money  or 
other  valuable  thing  to  or  for  the  use  of  any  other  person, 


59  CRIMES    AGAINST    ELECTIVE    FRANCHISE.        §§  55,  55a 

in  consideration  of  being  selected  or  indorsed  as  the  candi- 
date of  any  convention,  organized  assemblage  of  delegates, 
or  other  body,  representing,  or  claiming  to  represent,  a  poli- 
tical party  or  principle,  or  any  club,  society,  or  association, 
for  a  public  office,  or  in  consideration  of  the  selection  or 
indorsement  of  any  other  person  as  a  candidate  for  a  public 
office,  or  in  consideration  of  any  member  of  a  convention, 
club,  society,  or  association  having  voted  to  select  or  in- 
dorse any  person  as  a  candidate  for  a  public  office,  except 
that  a  candidate  for  nomination  to  a  public  office  may  con- 
tribute such  proportion  of  the  cost  and  expense  of  holding 
a  primary  election  as  is  authorized  by  the  Political  Code 
of  this  state,  and  no  more; 

9.  To  advance  or  pay,  or  cause  to  be  paid,  any  money  or 
other  valuable  thing  to  or  for  the  use  of  any  other  person, 
in  consideration  of  a  person  withdrawing  as  a  candidate  for 
a  public  office. 

Every  person  who  commits  any  of  the  offenses  mentioned 
in  this  section  is  punishable  by  imprisonment  in  the  state 
prison  for  not  less  than  one  year  nor  more  than  seven  vears. 
En.  Stats.   1905,  642. 

Section    19    of    the    Purity    of    Elections    Act    (Stats.    1S93,    p.    12)    is    here 
coriiflecl. — Code    Commissioner' .s    Note. 

§  55.  Officers  to  procure  offices  for  electors.  Every  per- 
son who,  being  a  candidate  at  any  election,  offers  or  agrees 
to  appoint  or  procure  the  appointment  of  any  particular 
person  to  office,  as  an  inducement  or  consideration  to  any 
person  to  vote  for,  or  procure  or  aid  in  procuring  the  elec- 
tion of  such  candidate,  is  guilty  of  a  misdemeanor.  En. 
February  14,  1872. 

(.'al.    Rep.   Cit.     99,   289. 

§  55a.  Soliciting  or  demanding  that  a  candidate  vote  for 
or  against  any  measure  or  bill.  Any  person,  either  individu- 
ally or  as  an  officer  or  member  of  any  committee  or  associa- 
tion, who  solicits  or  demands  of  any  candidate  for  the  legis- 
lature, supervisor,  school  director,  or  for  any  legislative  body, 
that  he  shall  vote  for  or  against  any  particular  bill  or  meas- 
ure which  may  come  before  such  body  to  which  he  may  be 
elected,  and  any  candidate  for  any  of  such  offices  who  signs 
or  gives  any  pledge  that  he  will  vote  for  or  against  any 
particular  bill  or  measure  that  may  be  brought  before  any 
such  body,  is  guilty  of  a  misdemeanor;  and  any  candidate 
convicted   under  the   provisions   of   this  section   is,   in   addi- 


§§  56-57a       CRIMES   AGAINST    ELECTIVE    FRANCHISE.  CO 

tion,  disqualified  from  holding  the  office  to  which  he  may 
have  been  elected.  The  provisions  of  this  section  do  not 
apply  to  any  pledge  or  promise  that  any  such  candidate  may 
give  to  a  convention  by  which  he  may  be  nominated  for  any 
such  office,  or  to  those  who  sign  a  certificate  for  his  nomi- 
nation.    En.  Stats.   1905,  643. 

This  is  a  codification  ot'  the  statute  of  1S97  to  protect  candidates 
for   public   office    (Stats.    1897,    p.    53). — Code   Commissioner's   Note. 

§  56.  Communicating  such  offer. . .  Every  person,  not  be- 
ing a  candidate,  who  communicates  any  offer,  made  in  viola- 
tion of  the  last  section,  to  any  person,  with  intent  to  induce 
him  to  vote  for  or  to  procure  or  aid  in  procuring  the  election 
of  the  candidate  making  the  offer,  is  guilty  of  a  misde- 
meanor.    En.  February  14,  1872. 

§  57.  Giving  or  offering  bribes  to  members  of  legislative 
caucus,  etc.  Every  person  who  gives  or  offers  a  bribe  to 
any  officer  or  member  of  any  legislative  caucus,  political 
convention,  committee,  primary  election,  or  political  gather- 
ing of  any  kind,  held  for  the  purpose  of  nominating  can- 
didates for  offices  of  honor,  trust,  or  profit,  in  this  state, 
with  intent  to  influence  the  person  to  whom  such  bribe  is 
given  or  offered  to  be  more  favorable  to  one  candidate  than 
another,  and  every  person,  member  of  either  of  the  bodies 
in  this  section  mentioned,  who  receives  or  oft'ers  to  receive 
any  such  bribe,  is  punishable  b}^  imprisonment  in  the  state 
prison  not  less  than  one  nor  more  than  seven  years.  En. 
February  14,  1872.     Am'd.  1905,  644, 

The  change  consists  in  the  insertion  of  the  word  •'seven"  in  place  or 
■■fourteen,"  conforming  the  section  to  section  25  of  the  Purity  of 
Elections  .\ct   (Stats.   1893,   p.  12).— Code  Commissioner's  Note. 

Cal.  Eep.   Cit.     126,  352. 

.  §  57a.  Officers  of  election  aiding  in  wrongdoing.  Every 
officer  or  clerk  of  election  who  aids  in  changing  or  destroy- 
ing any  poll-list  or  official  ballot,  or  in  wrongfully  placing 
any  ballots  in  the  ballot-box,  or  in  taking  any  therefrom, 
or  adds,  or  attempts  to  add,  any  ballots  to  those  legally 
polled  at  such  election,  either  by  fraudulently  introducing 
the  same  into  the  ballot-box,  before  or  after  the  ballots 
therein  have  been  counted,  or  adds  to  or  mixes  with,  or  at- 
tempts to  add  to  or  mix  with,  the  ballots  polled,  any  other 
ballots,  while  the  same  are  being  counted  or  canvassed,  or 
at  any  other  time,  with  intent  to  change  the  result  of  such 


60a  CRIMES    AGAINST    ELECTIVE    FRANCHISE.  §§  58,  59 

election,  or  allows  another  to  do  so,  when  in  his  power  to 
prevent  it,  or  carries  away  or  destroys,  or  knowingly  allows 
another  to  carry  away  or  destroy,  any  poll-list,  ballot-box, 
or  ballots  lawfully  polled,  is  punishable  by  imprisonment 
in  the  state  prison  for  not  less  than  two  nor  more  than  seven 
years.     En.  Stats.  1905,  644. 

This    is    a    codification    of    section    26    of    the    Purity    of    Elections    Act 
(Stats.    1893,    p.    12.)— Code    Commissioner's   Note. 

§  58.  Preventing  public  meetings.  Every  person  who, 
by  threats,  intimidations,  or  unlawful  violence,  willfully 
hinders  or  prevents  electors  from  assembling  in  public  meet- 
ing for  the  consideration  of  public  questions,  is  guilty  of  a 
misdemeanor.     En.  February  14,  1872. 

§  59.    Force,  violence  or  restraint  used  to  influence  votes. 

It  is  unlawful  for  any  person,  directly*or  indirectly,  by  him- 
self or  any  other  person  in  his  behalf,  to  make  use  of,  or 
threaten  to  make  use  of,  any  force,  violence,  or  restraint,  or 
to  inflict  or  threaten  the  infliction,  by  himself  or  through 
any  other  person,  of  any  injury,  damage,  harm,  or  loss,  or 
in  any  manner  to  practice  intimidation  upon  or  against  any 
person,  in  order  to  induce  or  compel  such  person  to  vote 
or  refrain  from  voting  at  any  election,  or  to  vote  or  refrain 
from  voting  for  any  particular  person  or  persons  at  any  elec- 
tion, or  on  account  of  such  person  or  persons  at  any  election, 
or  on  account  of  such  person  having  voted  or  refrained  from 
voting  at  any  election.  And  it  is  unlawful  for  any  person, 
by  abduction,  duress,  or  any  forcible  or  fraudulent  device  or 
contrivance  whatever,  to  impede,  prevent,  or  otherwise  in- 
terfere with  the  free  exercise  of  the  elective  franchise  by 
any  voter;  or  to  compel,  induce,  or  prevail  upon  any  voter 
either  to  give  or  refrain  from  giving  his  vote  at  any  elec- 
tion, or  to  give  or  refrain  from  giving  his  vote  for  any 
particular  person  or  persons  at  any  election.  It  is  not  law- 
ful for  any  employer,  in  paying  his  employees  the  salary  or 
wages  due  them,  to  inclose  their  pay  in  "pay  envelopes" 
upon  which  there  is  written  or  printed  the  name  of  any 
candidate,  or  any  political  mottoes,  devices,  or  arguments 
containing  threats,  express  or  implied,  intended  or  calcu- 
lated to  influence  the  political  opinions  or  actions  of  such 
employees.  Nor  is  it  lawful  for  any  employer,  within  ninety 
days  of  any  election,  to  put  up  or  otherwise  exhibit  in  his 
factory,  workshop,  or  other  establishment  or  place  where 
his  workmen  or  employees  may  be  working,  any  hand-bill  or 
placard  containing  any  threat,  notice,   or  information,  that 


§§  60-62  CRIMES  AGAINST  ELECTIVE   FRANCHISE.  60b 

in  case  any  particular  ticket  of  a  political  party,  or  organ- 
ization, or  candidate  shall  be  elected,  work  in  his  place  or 
establishment  wili  lease,  in  whole  or  in  part,  or  his  place  or 
establishment  be  closed  up,  or  the  salaries  or  wages  of  his 
workmen  or  employees  be  reduced,  or  other  threats,  express 
or  implied,  intended  or  calculated  to  influence  the  political 
opinions  or  actions  of  his  workmen  or  employees.  This  sec- 
tion applies  to  corporations  as  well  as  individuals,  and  any 
person  or  corporation  violating  the  provisions  of  this  sec- 
tion is  guilty  of  a  misdemeanor,  and  any  corporation  vio- 
lating this  section  shall  forfeit  its  charter.  En.  February 
14,  1872.     Am'd.  1905,  644. 

This    is    a    codification    of    section    41    of    the    Purity    of    Elections    Act 
(Stats.    1893,    p.    12.) — Code   Commissioner's  Note. 

§  60.  Betting  on  elections.  Every  person  who  makes, 
offers,  or  accepts  any  bet  or  wager  upon  the  result  of  any 
election,  or  upon  the  success  or  failure  of  any  person  or 
candidate,  or  upon  the  number  of  votes  to  be  cast,  either  in 
the  aggregate  or  for  any  particular  candidate,  or  upon  the 
vote  to  be  cast  by  any  person,  is  guilty  of  a  misdemeanor. 
En.  February  14,   1872. 

§  61.  Violation  of  election  laws  by  persons  not  officers. 
Every  person  who  willfully  violates  any  of  the  provisions 
of  the  laws  of  this  state  relating  to  elections  is,  unless  a 
different  punishment  for  such  violation  is  prescribed  by 
this  code,  punishable  by  fine  not  exceeding  one  thousand 
dollars,  or  by  imprisonment  in  the  state  prison  not  exceed- 
ing five  years,  or  by  both.     En.  February  14,   1872. 

The  election  laws  of  the  state  are  found  in  title  H  of 
part  III  of  the  Political  Code,  sees.   1041-1375,  inclusive. 

Act  to  prohibit  piece  clubs  and  prevent  extortion  from 
candidates:   See  post,  Appendix,  title  Elections. 

§  62.  Violation  of  election  laws  as  to  tickets.  Every  per- 
son who  iwints  any  ticket  not  in  conformity  with  the  pro- 
visions of  chapter  eight  of  title  two  of  part  three  of  the 
Political  Code,  or  who  circulates  or  gives  to  another  any 
ticket,  knowing  at  the  time  that  such  ticket  does  not  con- 
form to  the  provisions  of  chapter  eight  of  title  two  of  part 
three  of  the  Political  Code,  is  guilty  of  a  misdemeanor.  En. 
stats.   1873-4,  456.     Am'd.   1905,  645. 


61  CRIMES    AGAINST    ELECTIVE    FRANCHISE.         §§  62a-63 

The  change  consists  In  the  insertion  of  the  words  "the  provisions  or 
chaptei  eight  of  title  two  of  part  three,"  in  place  of  "section  one 
thousand  one  hundred  and  ninety-one."  Section  1191  does  not  treat 
of  the  form  of  election  ballots,  and  the  reference  is  therefore  in- 
applicable.— Code   Commmissioncr's   Note. 

Act  to  prevent  sale  of  intoxicants  on  election  days:  See 
post,   Appendix,    title   Intoxicating   Liquors. 

§  62a.  Circulation  of  anonymous  circulars  referring  to 
political  candidates.  Every  person  who  intentionally 
writes,  prints,  posts,  or  distributes,  or  causes  to.be  written, 
printed,  posted,  or  distributed,  any  circular,  pamphlet, 
letter,  or  poster  which  is  designed  or  intended  to  injure 
or  defeat  any  candidate  for  nomination  or  election  to  any 
public  office  by  reflecting  upon  his  personal  character  or 
political  action,  unless  there  appears  ui^on  such  circular, 
pamphlet,  letter,  or  poster,  in  a  conspicuous  place,  either 
the  name  of  the  chairman  and  secretary  or  the  names  of 
two  oflSicers  at  least  of  the  political  or  other  organization 
issuing  the  same,  or  the  name  and  residence,  with  the 
street  and  number  thereof,  if  any,  of  some  voter  of  this 
state,  and  responsible  therefor,  shall  be  guilty  of  a  misde- 
meanor.    En.    Stats.    1901,   297. 

§  621).  Printer  must  put  imprint  on  printed  matter. 
Every  person  who  prints  any  circular,  pamphlet,  letter,  or 
poster  of  the  kind  or  character  mentioned  in  section  sixty- 
two  a  of  this  code,  without  adding  thereto  his  name,  show- 
ing the  printing  office  at  which  the  same  was  printed,  is 
guilty  of  a  misdemeanor.     En.  Stats.  1901,  298. 

§  63.  Advancing  m.oney  by  candidate  for  United  States 
senate.  Every  candidate  for  United  States  S(  ^  ';or  at  an 
approaching  session  of  the  legislature,  and  every  person 
acting  for  or  on  behalf  of  any  such  candidate  for  senator 
in  the  congress  of  the  United  States  at  an  approaching 
session  of  the  legislature,  who  shall  advance  or  give  or 
loan,  or  promise  to  advance  or  give  or  loan,  any  money  or 
property  to  any  candidate  for  the  legislature,  before  or 
after  his  nomination,  or  before  or  after  his  election,  under 
an  express  or  implied  promise  that  such  candidate  for  the 
legislature  (whether  nominated  or  not,  or  before  or  after 
his    election)    will   support   or   vote    for   such   candidate   for 


§§  63iA-63b       CRIMES    AGAINST    ELECTIVE   FRANCHISES.  62 

senator  in  the  congress  of  the  United  States  at  an  ap- 
proaching session  of  the  legislature,  shall  be  deemed  guilty 
of  a  felony.  The  advancing,  giving,  or  loaning  of  money 
or  property,  or  the  promise  to  advance,  give,  or  loan  money 
or  property  to  any  candidate  for  the  legislature  by  any 
candidate  for  senator  as  aforesaid,  or  by  any  person  for 
him,  or  on  his  behalf,  as  aforesaid,  shall  be  deemed  prima 
facie  proof  of  an  express  or  implied  agreement  that  such 
candidate  for  the  legislature  will,  if  elected  to  the  legis- 
lature, vote  for  such  candidate  for  senator  in  congress. 
En.  Stats.   1899,  83. 

§  6314.  Candidate  or  member  of  legislature  accepting 
money.  Every  person  being  a  member-elect  of  the  legis- 
lature, and  every  person  being  a  candidate  for  the  legis- 
lature, and  every  person  being  a  candidate  for  nomination 
for  the  legislature,  who  shall  accept  any  money  or  property 
from  any  candidate  for  senator  in  the  congress  of  the 
United  States  before  the  legislature  at  an  approaching 
session  thereof,  or  from  any  other  person  acting  for  or  on 
behalf  of  any  such  candidate  for  senator  in  the  congress 
of  the  United  States  at  an  approaching  session  of  the 
legislature,  under  an  express  or  implied  promise  that  such 
member-elect  of  the  legislature,  or  such  candidate  for  the 
legislature,  or  candidate  for  nomination  for  the  legisla- 
ture, will,  if  elected  as  a  member  of  the  legislature,  support 
or  vote  for  any  such  candidate  for  senator  in  the  congress 
of  the  United  States  for  that  office,  shall  be  deemed  guilty 
of  a  felony.  The  receipt  of  money  or  property  by  any 
member-elect  of  the  legislature,  and  by  any  candidate  for 
the  legislature,  and  by  any  candidate  for  nomination  for 
the  legislature,,  from  any  candidate  before  the  legislature 
for  senator  in  congress  at  an  approaching  session  of  the 
legislature  as  aforesaid,  or  from  any  person  acting  for  or 
on  behalf  of  any  such  candidate  for  senator  in  congress  as 
aforesaid,  shall  be  prima  facie  proof  of  an  express  or  im- 
plied agreement  that  such  member-elect  of  the  legislature 
will  vote  for  such  candidate  for  senator  as  aforesaid,  and 
that  such  candidate,  or  candidate  for  nomination  for  the 
legislature,  will,  if  elected,  vote  for  such  candidate  for 
senator  as  aforesaid.     En.  Stats.  1899,  84. 

§  63b.  Sale  of  intoxicants  on  election  day.  Every  per- 
son keeping  a  public  house,  saloon,  or  drinking  place, 
whether   licensed   or   unlicensed,   who    sells,   gives   away,   or 


63  CRIMES    AGAINST    ELECTIVE    FRANCHISE.        §§  64,  641/2 

furnishes  spirituous  or  malt  liquors,  wine,  or  any  other  in- 
toxicant, on  any  part  of  any  day  set  apart  for  any  gen- 
eral or  special  election,  in  any  election  district  or  precinct 
in  any  county  of  the  state  where  an  election  is  in  progress, 
during  the  hours  when  by  law  the  polls  are  required  to  be 
kept  open,  is  guilty  of  a  misdemeanor.     En.  Stats.  1905.  645. 

This  is  a  co'diflcation   of  the   statute   of  1S73-4,    page   297.— Code   Commis- 
sioner's  Note. 

§  64.  No  prosecution  against  witness  testifying  in  election 
cases.  No  person  otherwise  competent  as  a  witness, 
shall  be  disqualified  or  excused  from  testifying  concerning 
any  of  the  offenses  enumerated  and  prescribed  in  this  title,  on 
the  ground  that  such  testimony  may  criminate  himself; 
but  no  prosecution  can  afterwards  be  had  against  such 
witness  for  any  such  offense  concerning  which  he  testified 
for   the   prosecution.     En.    Stats.    1891,   185. 

Cal.  Eep.  Cit.     146,  309;  146,  S16;  146,  311;  146,  314;  146, 
315. 

§  641/4.    Primary    elections,    provisions    relating    to.     All 

the  provisions  of  sections  forty  to  sixty-four  of  this  code, 
both  inclusive,  shall  apply  with  like  force  and  effect  to 
elections,  known  and  designated  as  primary  elections,  held 
and  conducted  under  official  supervision  pursuant  to  law 
and  to  registration  therefor,  as  to  other  elections,  whether 
the  word  "primary"  be  used  in  connection  with  the  word 
"election"  or  "elections"  used  in  said  sections  or  not. 
En.  Stats.  1899,  59;  1899,  153.  [Another  act  of  the  same 
number  and  in  the  precise  words  was  also  approved  March 
20,  1899,   Stats.   1899,  59.] 


§§  65-67     CRIMES  BY  AND   AGAINST   EXECUTIVE   POWER. 


TITLE    V. 

OF    CRIMES      BY    AND     AGAINST    THE     EXECUTIVE 
POWER    OF   THE    STATE. 

§  63.  Acting  in   a   public   capacity   without   having   qualified. 

§  66.  Acts    of   officers   de   facto   not   affected. 

§  67.  Giving   or   offering   bribes   to   executive    officers. 

§  6S.  Asking    or    receiving    bribes. 

§  69.  Resisting   officers. 

§  70.  Extortion. 

§  71.  Officers   illegally   interested   in  contracts. 

§  72.  Presenting   fraudulent   bills   or   claims   for   allowance   or   payment 

§  73.  Buying   appointments   to   office. 

§  74.  Taking    rewards    for    deputation. 

§  74a.  Retaining    part    of    salary. 

§  7-5.  Exercising    functions    of   office    wrongfully. 

§  76.  Refusal    to    surrender    books,    etc..    to    successor. 

§  77.  Sections   to   apply   to   administrative   and    ministerial    officers. 

§  65.  Acting  in  a  public  capacity  without  having  quali- 
fied. Eve  person  who  exercises  any  function  of  a  public 
office  without  taking  the  oath  of  office,  or  without  giving 
the  required  bond,  is  guilty  of  a  misdemeanor.  En.  Feb- 
ruary  14,   1872.     Am'd.   1873-4,   423. 

Oath  of  office:  Const.  Cal.,  art.  XX,  sec.  3;  see  Pol.  Code, 
sees.  904  et  seq. 

§  66.  Acts  of  officers  de  facto  not  affected.  The  last 
section  shall  not  be  construed  to  affect  the  validity  of  acts 
done  by  a  person  exercising  the  functions  of  a  public  office 
in  fact,  where  other  persons  than  himself  are  interested 
in  maintaining  the  validity  of  such  acts.  En.  February  14, 
1872. 

§  67.  Giving  or  offering  bribes  to  executive  officers. 
Every  person  who  gives  or  offers  any  bribe  to  any  execu- 
tive officer  of  this  state,  with  intent  to  influence  him  in 
respect  to  any  act,  decision,  vote,  opinion,  or  other  pro- 
ceeding as  such  officer,  is  punishable  by  imprisonment  in 
the  state  prison  not  less  than  one  nor  more  than  fourteen 
years,  and  is  disqualified  from  holding  any  office  in  this 
state.     En.  February  14,  1872. 

Cal.   Rep.   Cit.     62,   493;    62,   494;    62,   495;    64,    162. 
Bribery  of  judicial   officer:    See   post,   sec.   92. 
Bribery   of   legislator:    See    post,    sec.    85. 


65  CRIMES   BY   AND    AGAINST   EXECUTIVE    POWER.     §§  68-72 

§  68.  Asking  or  receiving  bribes.  Every  executive  offi- 
cer, or  person  elected  or  apjiointed  to  au  executive  office, 
who  asks,  receives,  or  agrees  to  receive,  any  bribe,  upon 
any  agreement  or  understanding  that  his  vote,  opinion,  or 
action  upon  any  matter  then  pending,  or  which  may  be 
brought  before  him  in  his  official  capacity,  shall  be  in- 
fluenced thereby,  is  punishable  by  imprisonment  in  the  state 
prison  not  less  than  one  nor  more  than  fourteen  years; 
and,  in  addition  thereto,  forfeits  his  office,  and  is  forever 
disqualified  from  holding  any  office  in  this  state.  En. 
February  14,   1872. 

Cal.  Eep.  Cit.     64,  1.58;  68,  5.50;   137,  14;  137,  15;   137,  16. 

§  69.  Resisting  officers.  Every  person  who  attempts, 
by  means  of  any  threat  or  violence,  to  deter  or  prevent 
an  executive  officer  from  performing  any  duty  imposed  upon 
such  officer  by  law,  or  who  knowingly  resists,  by  the  use 
of  force  or  violence,  such  officer,  in  the  performance  of 
his  duty,  is  punishable  by  fine  not  exceeding  five  thousand 
dollars,  and  imprisonment  in  the  county  jail  not  exceeding 
five   years.     En.  February   14,   1872, 

Eesisting  officers:   See,  generally,  post,  sec.   148. 

§  70.  Extortion.  Every  executive  or  ministerial  officer 
who  knowingly  asks  or  receives  any  emolument,  gratuity, 
or  reward,  or  any  promise  thereof,  excepting  such  as  may 
be  authorized  by  law,  for  doing  any  official  act,  is  guilty  of 
a  misdemeanor.     En.  February  14,  1872.     Am'd.  1873-4,  423. 

Cal.  Rep.  Cit.     60,  117;   145,  638. 

Extortion  by  judicial  officer:  See  post,  sec.  94. 

§  71.  Officers  illegally  interested  in  contracts.  Every 
officer  or  person  prohibited  by  the  laws  of  this  state  from 
making  or  being  interested  in  contracts,  or  from  becoming 
a  vendor  or  purchaser  at  sales,  or  from  purchasing  scrip, 
or  other  evidences  of  indebtedness,  who  violates  any  of  the 
provisions  of  such  laws,  is  punishable  by  a  fine  of  not  more 
than  one  thousand  dollars,  or  by  imprisonment  in  the  state 
prison  not  more  than  five  years,  and  is  forever  disqualified 
from  holding  any  office  in  this  state.  En.  February  14, 
1872. 

Cal.  Rep.  Cit.     125,  122. 

§  72.     Presenting  fraudulent  bills  or  claims  for  allowance 
or    payment.     Every    person    who,    with    intent    to    defraud, 
Pen.  Code— 5 


§§  73-75    CRIMES   BY   AND  AGAINST  EXECUTIVE  POWER.  66 

presents  for  allowance  or  for  payment  to  any  state  board 
or  officer,  or  to  any  county,  town,  city,  ward,  or  village 
board  or  oflfieer,  authorized  to  allow  or  pay  the  same  if 
genuine,  any  false  or  fraudulent  claim,  bill,  account,  voucher, 
or  writing,  is  guilty  of  felony.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     71,  196;  135,  269;  145,  105;   145,  109;  145, 
110. 

§  73.  Buying  appointments  to  office.  Every  person  who 
gives  or  offers  any  gratuity  or  reward,  in  consideration  that 
he  or  any  other  person  shall  be  appointed  to  any  public 
office,  or  shall  be  permitted  to  exercise  or  discharge  the 
duties  thereof,  is  guilty  of  a  misdemeanor.  En.  February 
14,  1872. 

Constitutional  provision. — Every  person  shall  be  disquali- 
fied from  holding  any  office  of  profit  in  this  state  who  shall 
have  been  convicted  of  having  given  or  offered  a  bribe  to 
procure  his  election  or  appointment:  Const.  Cal.,  art.  XX, 
sec.  10. 

§  74.  Taking  rewards  for  deputation.  Every  public 
officer  who,  for  any  gratuity  or  reward,  appoints  another 
person  to  a  public  office,  or  permits  another  person  to 
exercise  or  discharge  any  of  the  duties  of  his  office,  is 
punishable  by  a  fine  not  exceeding  five  thousand  dollars, 
and,  in  addition  thereto,  forfeits  his  office,  and  is  forever 
disqualified  from  holding  any  office  in  this  state.  En.  Feb- 
ruary 14,  1872. 

§  74a.  Eetaining  part  of  salary.  Every  officer  of  this 
state,  or  of  any  county,  city  and  county,  city,  or  township 
therein,  who  accepts,  keeps,  retains  or  diverts  for  his  own 
use  or  the  use  of  any  other  person  any  part  of  the  salary 
or  fees  allowed  by  law  to  his  deputy,  clerk,  or  other  subor- 
dinate  officer,  is   guilty  of  a   felony.     En.   Stats.   1905,   646. 

This  is  a  codification  of  tlie  provisions  of  the  statute  of  1S71-2,  page 
951,  with  the  following  changes;  the  word  "accepts"  is  inserted  in 
place  of  "keeps,"  and  the  pharse  "for  his  own  use"  is  added  after 
"retains." — Code  Commissioner's  Note. 

§  75.  Exercising  functions  of  office  wrongfully.  Every 
person  who  willfully  and  knowingly  intrudes  himself  into 
any  public  office  to  which  he  has  not  been  elected  or  ap- 
pointed, and  every  person  who,  having  been  an  executive 
officer,  willfully  exercises  any  of  the  functions  of  his  office 
after  his  term  has  expired,  and  a  successor  has  been  elected 


67  CRIMES   AGAINST   LEGISLATIVE   POWER.  §§  76-81 

or  appointed  and  has  qualified,  is  guilty  of  a  misdemeanor. 
En.  February  14,  1872. 

§  76.    Refusal   to   surrender    books,     etc.,    to     successor. 

Every  ofiicer  whose  office  is  abolished  by  law,  or  who,  after  the 
expiration  of  the  time  for  which  he  may  be  appointed  or 
elected,  or  after  he  has  resigned  or  been  legally  removed 
from  office,  willfully  and  unlawfully  withholds  or  detains 
from  his  successor,  or  other  person  entitled  thereto,  the  rec- 
ords, papers,  documents,  or  other  writings  appertaining  or 
belonging  to  his  office,  or  mutilates,  destroys  or  takes  away 
the  same,  or  willfully  and  unlawfully  withholds  or  detains 
from  his  successor,  or  other  person  entitled  thereto,  any 
money  or  property  in  his  custody  as  such  officer,  is  punish- 
able by  imprisonment  in  the  state  prison  not  less  than  one 
nor  more  than  ten  years.  En.  February  14,  1872.  Am'd. 
1905,  646. 

The  change  consists  in  the  addition  of  the  clause  "or  willfuUy  and 
unlawfully  withholds  or  detains  from  his  successor,  or  other  person 
entitled  thereto,  any  money  or  property  in  his  custody  as  such  offi- 
cer." The  section  as  it  now  stands  makes  it  punishable  only  for  an 
ofiicer  to  retain  writings  or  records  appertaining  or  belonging  to  his 
office,  but  does  not  exten-d  to  the  manifestly  graver  offense  abovo 
noted. — Code    Commissioner's    Note. 

Cal.  Eep.  Cit.     47,  130;  103,  493. 

§  77.  Sections  to  apply  to  administrative  and  ministerial 
ofiB.cers.  The  various  provisions  of  this  chapter  apply  to 
administrative  and  ministerial  officers,  in  the  same  manner 
as  if  they  were  mentioned  therein.     En.  February  14,  1872. 


TITLE  VI. 

OF    CRIMES    AGAINST    THE    LEGISLATIVE    POWER. 

§  SI.  Preventing    the    meeting   of    the   legislature. 

§  i>2.  Disturbing   the    legislature   w-hile    in   sesssion. 

§  S3.  Altering   draft   of   bill   or   resolution. 

§  S4.  Altering   enrolled   copy    of    bill    or   resolution. 

§  S.'j.  Giving   or  offering   bribes  to   members  of   the   legislature. 

§  86.  Receiving  bribes  by   members  of   the  legislature. 

§  87.  Witnesses   refusing  to  attend,    etc.,    before   the   legislature. 

§  S8.  Bribes  by   members  of   the   legislature. 

§  89.  Lobbying. 

§  81.  Preventing  the  meeting  of  the  legislature.  Every 
person  who  willfully,  and  by  force  or  fraud,  prevenj;s  the 
legislature  of  this  state,  or  either  of  the  houses  composing 
it,  or  any  of  the  members  thereof,  from  meeting  or  organiz- 
ing, is  guilty  of  felony.     En.  February  14,  1872. 


§§  82-S6  CRIMES   AGAINST    LEGISLATIVE   POWER.  68 

§  82.  Disturbing  the  legislature  while  in  session.  Every 
person  -vvho  willfully  disturbs  the  legislature  of  this  state, 
or  either  of  the  houses  composing  it,  while  in  session,  or 
who  commits  any  disorderly  conduct  in  the  immediate  view 
and  presence  of  either  house,  tending  to  interrupt  its  pro- 
ceedings or  impair  the  respect  due  to  its  authority,  is  guilty 
of  a  misdemeanor.     En.  February  14,  1872. 

§  83.  Altering  draft  of  bill  or  resolution.  Every  person 
who  fraudulently  alters  the  draft  of  any  bill  or  resolution 
which  has  been  presented  to  either  of  the  houses  compos- 
ing the  legislature,  to  be  passed  or  adopted,  with  intent  to 
procure  it  to  be  passed  or  adopted  by  either  house,  or 
certified  by  the  presiding  officer  of  either  house,  in  language 
different  from  that  intended  by  such  house,  is  guilty  of 
felony.     En.  February  14,  1872.  ' 

§  84.  Altering  enrolled  copy  of  bill  or  resolution.  Every 
person  who  fraudulently  alters  the  enrolled  copy  of  any 
bill  or  resolution  which  has  been  passed  or  adopted  by  the 
legislature  of  this  state,  with  intent  to  procure  it  to  be 
approved  by  the  governor,  or  certified  by  the  secretary  of 
state,  or  printed  or  published  by  the  printer  of  the  statutes, 
in  language  different  from  that  in  which  it  was  passed  or 
adopted  by  the  legislature,  is  guilty  of  felonj'.  En.  Feb- 
ruary 14,  1872. 

§  85.  Giving  or  offering  bribes  to  members  of  the  legis- 
lature. Every  person  who  gives  or  offers  to  give  a  bribe 
to  any  member  of  the  legislature,  or  to  another  person  for 
him,  or  attempts  by  menace,  deceit,  suppression  of  truth, 
or  any  corrupt  means,  to  influence  a  member  in  giving  or 
withholding  his  vote,  or  in  not  attending  the  house  or  any 
committee  of  which  he  is  a  member,  is  punishable  by  im- 
jtrisonment  in  the  state  prison  not  less  than  one  nor  more 
than  ten  years.     En.  February  14,   1872. 

Bribery:   See  ante,  sees.  67,  68. 

§  86.  Iveceiving  bribes  by  members  of  the  legislature. 
Every  member  of  either  of  the  houses  composing  the  legis- 
lature of  this  state  who  asks,  receives,  or  agrees  to  re- 
ceive any  bribe  upon  any  understanding  that  his  official 
vote,  opinion,  judgment,  or  action  shall  be  influenced  there- 
by, or  shall  be  given  in  any  particular  manner,  or  upon  any 
particular   side   of   any    question   or   matter   upon   which   he 


69  CRIMES    AGAINST    LEGISLATIVE    POWER.  §§  87-8y 

may  be  required  to  aet  in  his  official  capacity,  or  gives,  or 
offers,  or  promises  to  give  any  official  vote  in  consideration 
that  another  member  of  the  legislature  shall  give  any  such 
vote,  either  upon  the  same  or  another  question,  is  punish- 
able by  imprisonment  in  the  state  prison  not  less  than  one 
nor  more  than  fourteen  years,  and  upon  conviction  thereof 
shall,  in  addition  to  said  punishment,  forfeit  his  office,  be 
disfranchised,  and  forever  disqualified  from  holding  any 
office  or  public  trust.  En.  February  14,  1872.  Am'd.  1880, 
7. 

The  section  is  based  upon  Stats.  1863,  645,  sees.  1,  2, 
which  the  code  commissioners  in  their  note  say  was 
"ej^tended,  however,  to  embrace  what  is  known  as  'log- 
rolling,' or  agreements  to  exchange  votes  for  or  against 
measures  pending  before  the  legislature;  and  also  so  as 
to  embrace  deceits  and  concealments  practiced  upon  mem- 
bers of  the  legislature  to  obtain  their  votes."  And  they 
conclude:  "That  what,  in  the  technical  vocabulary  of  poli- 
ticians, is  termed  'log-rolling,'  is  a  misdemeanor  at  common 
law,  punishable  by  indictment." 

§  87.  Witnesses  refusing  to  attend,  etc.,  before  the  legis- 
lature. Every  person  who,  being  summoned  to  attend  as 
witness  before  either  house  of  the  legislature  or  any  com- 
mittee thereof,  refuses  or  neglects,  without  lawful  excuse, 
to  attend  pursuant  to  such  summons;  and  every  person 
who,  being  present  before  either  house  of  the  legislature 
or  any  committee  thereof,  willfully  refuses  to  be  sworn, 
or  to  answer  any  material  and  proper  question,  or  to 
produce,  upon  reasonable  notice,  any  material  and  proper 
books,  papers,  or  documents  in  his  possession  or  under  his 
control,  is  guilty  of  a  misdemeanor.  En.  February  14, 
1872. 

§  88.  Bribes  by  members  of  the  legislature.  Every  mem- 
Vxr  of  the  legislature  convicted  of  any  crime  defined  in 
this  chapter,  in  addition  to  the  punishment  prescribed,  for- 
feits his  office,  and  is  forever  disqualified  from  holding  any 
office  in  this  state.     En.  February  14,  1872. 

§  89.  Lobbying.  Every  person  who  obtains,  or  seeks  to 
obtain  money  or  other  thing  of  value  from  another  person, 
upon  a  pretense,  claim,  or  representation  that  he  can  or 
will  improperly  influence  in  any  manner  the  action  of  any 
member  of  a  legislative  body  in  regard  to  any  vote  or 
legislative    matter,    is    guilty    of    a    felony.     Upon    the    trial 


§  92  BRIBERY    AND    CORRUPTION.  70 

no  person  otherwise  competent  as  a  witness  shall  be 
excused  from  testifying  as  such  concerning  the  offense 
charged,  on  the  grounds  that  such  testimony  may  crim- 
inate himself,  or  subject  him  to  public  infamy,  but  such 
testimony  shall  not  afterward  be  used  against  him  in  any 
judicial  proceeding,  except  for  perjury  in  giving  such  tes- 
timony.    En.    Stats.    1873-4,    456.     Am'd.    1880,    7. 


TITLE  VIL 

OF  CEIMES  AGAINST  PUBLIC  JUSTICE. 

Chapter  I.     Bribery  and  Corruption,  §§  92-100. 
n.     Eescue,  §§  101,  102. 
m.     Escapes  and  Aiding  Therein,  §§  105-111. 
IV.     Forging,    Stealing,    Mutilating,    and     Falsifying 
Judicial  and  Public  Eecords  and  Documents, 
§§  113-117. 
V.     Perjury    and    Subornation    of    Perjury,    §§    118- 
129. 
VI.     Falsifying    Evidence,    §§    132-138. 
VII.     Other   Offenses   Against   Public   Justice,    §§    142- 
181. 
VIII.     Conspiracy,    §§    182-185. 

CHAPTEE  I. 

BRIBERY    AND    CORRUPTION. 

§  92.  Giving   bribes   to  judges,   jurors,   referees,   etc. 

§  93.  Receiving  bribes   by   judicial   ofRcers,   jurors,    etc. 

§  94.  Extortion. 

§  95.  Improper  attempts  to   influence  jurors,   referees,   etc. 

§  96.  Misconduct    of   jurors,    referees,    etc. 

§  97.  Justice  or  constable  purchasing  judgment. 

8  9S.  Officers   convicted   of,   disfranchised. 

§  99.  Superintendent  of  printing,   interest  in  contracts,   etc. 

§  100.  Superintendent   of  state   printing,   penalty  for  collusion. 

§  92.     Giving    bribes    to    judges,    jurors,    referees,    etc. 

Every  person  who  gives  or  offers  to  give  a  bribe  to  any 
judicial  officer,  juror,  referee,  arbitrator,  or  umpire,  or  to 
any  person  who  may  be  authorized  by  law  to  hear  or 
determine  any  question  or  controversy,  with  intent  to  in- 
fluence  his   vote,   opinion,   or   decision   upon   any   matter   or 


71  BRIBERY    AND    CORRUPTION.  5§  »3-96 

question   which   is   or   may  be   brought   before   him   for   de- 
cision,  is   punishable   by   imprisonment   in   the   state    prison 
not  less  than  one  nor  more  than  ten  years.     En.  February 
14,   1872. 
Bribery  of  executive  officers:  See  ante,  sec.  67. 

§  93.    Receiving   bribes   by   judicial   oflacers,   jurors,   etc. 

Every  judicial  officer,  juror,  referee,  arbitrator,  or  um- 
pire, and  every  person  authorized  by  law  to  hear  or  deter- 
mine any  question  or  controversy,  who  asks,  receives,  or 
agrees  to  receive,  any  bribe,  upon  any  agreement  or  un- 
derstanding that'  his  vote,  opinion,  or  decision  upon  any 
matters  or  question  which  is  or  may  be  brought  before 
him  for  decision,  shall  be  influenced  thereby,  is  punishable 
by  imprisonment  in  the  state  prison  not  less  than  one  nor 
more  than  ten  years.     En.  February  14,  18/2. 

Cal.  Eep.  Cit.     46,  652;  64,  436;  99,  328;   99,  330. 

§  94.  Extortion.  Every  judicial  officer  who  asks  or  re- 
ceives any  emolument,  gratuity,  or  reward,  or  any  prom- 
ise thereof,  except  such  as  may  be  authorized  by  law, 
for  doing  any  official  act,  is  guilty  of  a  misdemeanor. 
Every  judicial  officer  who  shall  ask  or  receive  the  wflole 
or  any  part  of  the  fees  allowed  by  law  to  any  stenographer 
or  reporter  appointed  by  him,  or  any  other  person,  to  re- 
cord the  proceedings  of  any  court  or  investigation  held 
by  him,  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  forfeit  his  office.  Any  stenographer 
or  reporter,  appointed  by  any  judicial  officer  in  this  state, 
who  shall  pay,  or  offer  to  pay,  the  whole  or  any  part  of 
the  fees  allowed  him  by  law  for  his  appointment  or  re- 
tention in  office,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  forever  disqualified  from 
holding  any  similar  office  in  the  courts  of  this  state.  En. 
February  14,  1872.     Am'd.  1895,  30. 

Extortion  by  executive  officer:  See  ante,  sec.  70. 

§  95.    Improper  attempts  to  influence  jurors,  referees,  etc. 

Every  person  who  (forruptly  attempts  to  influence  a  juror, 
or  any  person  summoned  or  drawn  as  a  juror,  or  chosen  as 
an  arbitrator,  or  umpire,  or  appointed  a  referee,  in  re- 
spect to  his  verdict  in,  or  decision  of  any  cause  or  pro- 
ceeding, pending  or  about  to  be  brought  before  him,  either: 
1,  By  means  of  any  communication,  oral  or  written,  had 
with  him  except  in  the  regular  course  of  proceedings; 


§§  96-99  BRIBERY   AND    CORRUPTION.  72 

2.  By  means  of  any  book,  paper,  or  instrument  exhibited, 
otherwise  than  in  the  regular  course  of  proceedings; 

3.  By  means  of  any  threat,  intimidation,  persuasion,  or 
entreaty;  or, 

4.  By  means  of  any  promise,  or  assurance  of  any  pe- 
cuniary or   other  advantage; 

— is  punishable  by  fine  not  exceeding  five  thousand  dol- 
lars, or  by  imprisonment  in  the  state  prison  not  exceeding 
five   years.     En.  February   14,   1872.     Am'd.   1873-4,  424. 

Cal.  Eep.  Cit.     61,  135;   64,  436;   121,  389. 

§  96.  Misconduct  of  jurors,  referees,  etc.  Every  juror, 
or  person  drawn  or  summoned  as  a  juror,  or  chosen  arbi- 
trator or  umpire,  or  appointed  referee,  who  either: 

1.  Makes  any  promise  or  agreement  to  give  a  verdict 
or  decision  for  or  against  any  party;  or, 

2.  Willfully  and  corruptly  permits  any  communication 
to  be  made  to  him,  or  receives  any  book,  paper,  instrument, 
or  information  relating  to  any  cause  or  matter  pending  be- 
fore him,  except  according  to  the  regular  course  of  pro- 
ceedings, is  punishable  by  fine  not  exceeding  five  thousand 
dollars,  or  by  imprisonment  in  the  state  prison  not  ex- 
ceeding five  years.  En.  February  14,  1872.  Am'd.  1873-4, 
42. 

Cal.  Eep.  Cit.     64,  436;  99,  330. 

§  97.  Justice  or  constable  purchasing  judgment.  Every 
justice  of  the  peace  or  constable  of  the  same  township 
who  purchases  or  is  interested  in  the  purchase  of  any 
judgment  or  part  thereof  on  the  docket  of,  or  on  any 
docket  in  possession  of,  such  justice,  is  guilty  of  a  misde- 
meanor.    En.  February  14,  1872. 

§  98.  Oflacers  convicted  of,  disfranchised.  Every  ofScer 
convicted  of  any  crime  defined  in  this  chapter,  in  addition 
to  the  punishment  prescribed,  forfeits  his  ofiice,  and  is 
forever  disqualified  from  holding  any  office  in  this  state. 
En.  February  14,  1872. 

§  99.     Superintendent  of  printing,   interest   in   contracts, 

etc.  The  superintendent  of  state  printing  shall  not,  during 
his  continuance  in  office,  have  any  interest,  either  directly 
or  indirectly,  in  any  contract  in  any  way  connected  with 
his    office    as    superintendent    of    state    printing;    nor    shall 


73  BRIBERY    AND    CORRUPTION.  §  100 

he,  during  said  period,  be  interested  either  directly  or 
indirectly,  in  any  state  printing,  binding,  engraving,  litho- 
graphing, or  other  state  work  of  any  kind  connected  with 
his  said  office;  nor  shall  he,  directly  or  indirectly,  be 
interested  in  any  contract  for  furnishing  paper,  or  other 
printing  stock  or  material,  to  or  for  use  in  his  said  office; 
and  any  violations  of  these  provisions  shall  subject  him, 
on  conviction  before  a  court  of  competent  jurisdiction, 
to  imprisonment  in  the  state  prison  for  a  term  of  not  loss 
than  two  years  nor  more  than  five  years,  and  to  a  fine 
oi'  not  less  than  one  thousand  dollars  nor  more  than  three 
thousand  dollars,  or  by  both  such  fine  and  imprisonment. 
En.  Stats.  1875-6,  19.     Am'd.  1877-8,  11;   1895,  235. 

• 
§  100.  Superintendent  of  state  printing,  penalty  for  col- 
lusion. If  the  superintendent  of  state  printing  corruptly 
colludes  with  any  person  or  persons  furnishing  paper  or  ma- 
terials, or  bidding  therefor,  or  with  any  other  person  or  per- 
sons, or  has  any  secret  understanding  with  him  or  them,  by 
himself  or  through  others,  to  defraud  the  state,  or  by  which 
the  state  is  defrauded  or  made  to  sustain  a  loss,  contrary 
to  the  true  intent  and  meaning  of  this  chapter,  he,  upon  con- 
viction thereof,  forfeits  his  office,  and  is  subject  to  imprison- 
ment in  the  state  prison,  for  a  term  of  not  less  than  two 
years,  and  to  a  fine  of  not  less  than  one  thousand  dollars 
nor  more  than  three  thousand  dollars,  or  both  such  fine  and 
imprisonment.     En.  Stats,  1875-6,  19,     Am'd.   1905,  647. 

The  change  consists  in  the  omission  of  the  word  "said"  before  "su- 
perintendent," the  Insertion  of  the  word  "chapter"  in  place  of  "act," 
and  the.  omission  of  the  phrase  "in  any  court  of  competent  jurisdic- 
tion,"   it   being   entirely   unnecessary. — Code    Commissioner's    Note. 

Section  5  of  an  act  entitled  "An  act  to  amend  the  Poli- 
tical and  Penal  Codes,  concerning  public  printing,  and  for 
other  purposes,"  approved  April  3,  1876  (see  Amendments 
1875-6,  16),  embraced  sections  99  and  100  of  the  Penal 
Code.  That  act  also  amended  a  number  of  the  sections  of 
the  Political  Code,  relating  to  the  public  printing,  and  the 
reference  in  section  100  is  intended  to  be  to  that  act,  and 
not  to  the  Penal  Code, 


§§  101-105 


CHAPTER  II. 

RESCUES. 
§  101.    Rescuing   prisoners. 
§  102.     Retaking   goods   from  custody   of  officer. 

§  101.  Rescuing  prisoners.  Every  person  who  rescues  or 
attempts  to  rescue,  or  aids  another  person  in  rescuing  or 
attempting  to  rescue,  any  prisoner  from  any  prison,  or  from 
any  officer  or  person  having  him  in  lawful  custody,  is  pun- 
ishable as  follows: 

1.  If  such  prisoner  was  in  custody  upon  a  conviction 
of  felony  punishable  with  death:  by  imprisonment  in  the 
state  prison  not  less  than  one  nor  more  than  fourteen 
years ; 

2.  If  such  prisoner  was  in  custody  upon  a  conviction 
of  any  other  felony;  by  imprisonment  in  the  state  prison 
not  less  than  six  months,  nor  more  than  five  years; 

3.  If  such  prisoner  was  in  custody  upon  a  charge  of 
felony:  by  a  fine  not  exceeding  one  thousand  dollars,  and 
imprisonment   in   the   county  jail  not   exceeding  two  years; 

4.  If  such  prisoner  was  in  custody  otherwise  than  upon 
a  charge  or  conviction  of  felony:  by  fine  not  exceeding 
five  hundred  dollars  and  imprisonment  in  the  county  jaU 
not  exceeding  six  months.     En.  February  14,  1872. 

§  102.  Retaking  goods  from  custody  of  officer.  Every 
person  who  willfully  injures  or  destroys,  or  takes  or  at- 
tempts to  take,  or  assists  any  person  in  taking  or  attempt- 
ing to  take,  from  the  custody  of  any  officer  or  person 
any  personal  property  which  such  officer  or  person  has 
in  charge  under  any  process  of  law,  is  guilty  of  a  mis- 
demeanor.    En.  February  14,  1872. 

CHAPTER  III. 

ESCAPES,    AND    AIDING    THEREIN. 

§  105.  Escapes   from   state   prison,    punishment   of. 

§  106.  Attempt   to    escape   from   state   prison. 

§  107.  Escapes    from    other   than   state   prison. 

§  108.  Officers   suffering   convicts   to   escape. 

§  109.  Assisting    prisoners    to    escape. 

§  110.  Carrying   into   prison   things   useful   to   aid   in  an   escape. 

§  111.  Expense  of  trial   for  escape. 

§  105.  Escapes  from  state  prison,  punishment  of.  Every 
prisoner  confined  in  a  state  prison,  for  a  term  less  than  for 


75  ESCAPES,    AND   AIDING   THEREIN.  5§  107,  108 

life,  who  escapes  therefrom,  is  pimishable  by  imprisonment 
in  a  state  prison  for  a  term  of  not  less  than  one  year;  said 
second  term  of  imprisonment  to  commence  from  the  time 
he  would  otherwise  have  been  discharged  from  said  prison. 
En.  February  14,  1872.     Ara'd.  1880,  42;  1905,  723. 

105.  The  present  section  is  open  to  the  objection  that  the  punishment 
prescribed  is  unequal,  not  proportionate  to  the  offense,  and  its  con- 
stitutionality on  that  account  has  been  sometimes  doubted.  The  cases 
of  State  V.  Lewin  (Kan.),  37  Pac.  Rep.  168;  Barbier  v.  Connolly, 
113  U.  S.  27;  Coon  Hing  v.  Crowley,  113  U.  S.  703;  Hayes  v.  Missouri, 
120  U.  S.  6S;  Home  Ins.  Co.  v.  N.  Y.  134  U.  S.  591;  Pembina  Mng.. 
Co.  V.  Penn.,  125  U.  S.  ISl;  Crowley  v.  Christenson,  137  U.  S.  86; 
Tick  Wo  V.  Hopkins,  US  U.  S.  358;  Civil  Rights  Cases,  103  U.  S.  3, 
are  cited  in  behalf  of  this  view.  The  amendment  is  strongly  urged 
by  the  district  attorney  of  Marin  County.— Code  Commmissloner's 
Note. 

Cal.  Eep.  Cit.     88,  170;  132,  348;  135,  343;  145,  664. 

See  section  109  of  this  code  for  the  punishment  imposed 
in  this  state  upon  a  person  who  assists  a  prisoner  con- 
fined in  any  prison,  or  in  th3  lawful  custody  of  any  officer 
or  person,  to  escape. 

Escape  s  iffered  by  officers:  Post,  sec.  108. 

Ejlling  escaped  prisoner  is  justifiable,  when:  See  post, 
sec.  196. 

§  106.  Attempt  to  escape  from  state  prison.  Every 
prisoner  confined  in  the  state  prison  for  a  term  less  than 
for  life,  who  attempts  to  escape  from  such  prison,  is 
guilty  of  a  felony,  and,  on  conviction  thereof,  the  term 
of  imprisonment  therefor  shall  commence  from  the  time 
such  convict  would  otherwise  have  been  discharged  from 
said  prison.     En.  February  14,   1872.     Am'd.   1880,  42. 

§  107.  Escapes  from  other  than  state  prison.  Every 
prisoner  confined  in  any  other  prison  than  a  state  prison, 
who  escapes  or  attempts  to  escape  therv;from,  is  guilty 
of  a  misdemeanor.     En.  February  14,  1872. 

§  108.  Ofiacers  suffering  convicts  to  escape.  Every 
keeper  of  a  prison,  sheriff,  deputy  sheriff,  constable,  or 
jailer,  or  person  employed  as  a  guard,  who  fraudulently 
contrives,  procures,  aids,  connives  at,  or  voluntarily  per- 
mits the  escape  of  any  prisoner  in  custody,  is  punishable 
by  imprisonment  in  the  state  prison  not  exceeding  ten 
years,  an^l  fine  not  exceeding  ten  thousand  dollars.  En, 
February  14,  1872. 


§§  109-lU  ESCAPES,    AND    AIDING   THEREIN.  76 

§  109.  Assisting  prisoners  to  escape.  Every  person  who 
willfully  assists  any  prisoner  confined  in  any  .prison  or  jail, 
or  any  inmate  of  any  public  training  school  or  reformatory, 
or  any  person  in  the  lawful  custody  of  any  of3Scer  or  person, 
to  escape,  or  in  an  attempt  to  escape  from  such  prison  or 
jail,  or  public  training  school  or  reformatory,  or  custody^ 
is  punishable  as  provided  in  section  one  hundred  and  eight. 
En.  February  14,  1872.     Am'd.  1905,  647. 

109.  The  amendment  is  designed  to  make  it  punishable  to  assist  the 
escape  of  inmates  of  reformatories,  and  to  accomplish  this  end  the 
following  insertions  have  been  made:  The  words  "or  jail,  or  reforma- 
tory," the  words  "or  any  person,"  and  the  words  "or  jail,  or  public 
training   school,    or   reformatory." — Code   Commissioner's    Note. 

§  110.     Carrying  into  prison  things  useful  to  aid  in  escape. 

Every  person  who  carries  or  sends  into  a  prison,  jail,  public 
training  school,  or  reformatory,  anything  useful  to  aid  a  pris- 
oner or  inmate  in  making  his  escape,  with  intent  thereby  to 
facilitate  the  escape  of  any  prisoner  or  inmate  confined  there- 
in, is  punishable  as  provided  in  section  one  •  hundred  and 
eight.     En.  February  14,  1872.     Am'd.  1905,  647. 

110.  The  change  is  in  line  with  the  proposed  change  in  section  109, 
The  words  "jail,  public  training  school,  or  reformatory"  are  in- 
serted, and  the  words  "or  inmate"  are  added  after  "prisoner."— Code 
Commissioner's    Note. 

§  111.  Expense  of  trial  for  escape.  Whenever  a  trial  is 
had  of  any  person  under  any  of  the  provisions  of  sections 
one  hundred  and  five  and  one  hundred  and  six,  and  whenever 
a  convict  in  the  state  prison  is  tried  for  any  crime  committed 
therein,  the  county  clerk  of  the  county  where  such  trial  is 
had  must  make  out  a  statement  of  all  the  costs  incurred 
by  the  county  for  the  trial  of  such  case,  and  of  guarding 
and  keeping  such  convict,  and  of  the  execution  of  the  sen- 
tence of  such  convict,  properly  certified  to  by  a  judge  of  the 
superior  court  of  such  county,  which  statement  must  be  sent 
to  the  board  of  state  prison  directors  for  their  approval; 
and  after  such  approval,  said  board  must  cause  the  amount 
of  such  costs  to  be  paid  out  of  the  money  appropriated  for 
the  support  of  the  state  prison,  to  the  county  treasurer  of 
the  county  where  such  trial  was  had.  En.  Stats.  1880,  9. 
Am'd.   1905,   774. 

ill.  The  change  consists  in  the  insertion  of  the  words  "an-d  of  the 
execution  of  the  sentence  of  such  convict,"  after  "convict,"  and  sub- 
stitution of  the  words  "judge  of  the  superior  court  of  such  county" 
ror  "superior  judge  of  said  county."  It  is  manifestly  proper  that 
the  county  should  be  recouped  for  the  expenses  covered  by  the 
amendment.— Code   Commissioner's  Note. 


109.  Any  person  who  wilfully  assists  any  paroled  prisoner 
ose  parole  has  been  revoked,  any  escape,  any  prisoner 
iflned  in  any  prison  or  jail,  or  any  inmate  of  any  public 
ining  school  or  reformatory,  or  any  pei-son  in  the  lawful 
stody  of  any  officer  or  person,  to  escape,  or  in  an  attempt 
escape  from  such  prison  or  jail,  or  public  training  school 
reformatory,  or  custody,  is  punishable  as  provided  in  sec- 
n  one  hundred  and  eight  of  the  Penal  Code.  (In  effect 
irch  15,  1907.) 


FORGING,    ETC.,    PUBLIC   RECORDS.  §§  113-116 


CHAPTER  IV. 

FORGING,      STEALING,     MUTILATING,     AND     FALSIFYING     JUDI- 
CIAL   AND    PUBLIC    RECORDS    AND     DOCUMENTS. 

§  113.  Larceny,   'destruction,    etc.,    of  records  by  officers. 

5  114'.  Larceny,    destruction,    etc.,    of  records  by  others. 

S  11.).  Offering   false    Or    forged    instruments   to    be    recorded. 

§  116.  Adding   names,    etc.,    to  jury   lists. 

§  117.  Falsifying   jury    lists,    etc. 

§  113.    Larceny,  destruction,  etc.,  of  records  by  oflS.cers. 

Every  officer  having  the  custody  of  any  record,  map,  or 
book,  or  of  any  paper  or  proceeding  of  any  court,  filed  or 
deposited  in  any  public  office,  or  placed  in  his  hands  for 
any  purpose,  who  is  guilty  of  stealing,  willfully  destroying, 
mutilating,  defacing,  altering  or  falsifying,  removing  or 
secreting  the  whole  or  any  part  of  such  record,  map,  book, 
paper,  or  proceeding,  or  who  permits  any  other  person  so 
to  do,  is  punishable  by  imprisonment  in  the  state  prison 
not  less  than  one  nor  more  than  fourteen  years.  En.  Feb- 
ruary 14,  1872. 

Cal.   Rep.   Cit.     96,   174;   9G,   175;    96,   179;   96,   180. 

§  114.    Larceny,   destruction,   etc.,   of   records  by   others. 

Every  person  not  an  officer  such  as  is  referred  to  in  the 
preceding  section,  who  is  guilty  of  any  of  the  acts  specified 
in  that  section,  is  punishable  by  imprisonment  in  the  state 
prison  not  exceeding  five  years,  or  in  a  county  jail  not 
exceeding  one  year,  or  by  a  fine  not  exceeding  one  hundred 
dollars,  or  by  both.  En.  February  14,  1872. 
Cal.   Rep.   Cit.     96,    174;   96,   180. 

§  115.  Offering  false  or  forged  instruments  to  be  re- 
corded. Every  person  who  knowingly  procures  or  offers 
any  false  or  forged  instrument  to  be  filed,  registered,  or 
recorded  in  any  public  office  within  this  state,  which  instru- 
ment, if  genuine,  might  be  filed,  or  registered,  or  recorded 
under  any  law  of  this  state,  or  of  the  United  States,  is 
guilty  of  felony.     En.  February  14,  1872. 

Cal.  Rep.  Cit.     84,  569;   133,  2. 

§  116.  Adding  names,  etc.,  to  jury  lists.  Every  person 
who  adds  any  names  to  the  list  of  persons  selected  to 
serve  as  jurors  for  the  county,  either  by  placing  the  same 
in  the  jury-box,  or  otherwise,  or  extracts  any  name  there- 


§§  117,  118    PERJURY  AND  SUBORNATION  OF  PERJURY.  78 

from,  or  destroys  the  jury-bos,  or  any  of  the  pieces  of 
paper  containing  the  names  of  jurors,  or  mutilates  or  de- 
faces such  names  so  that  the  same  cannot  be  read,  or 
changes  such  names  on  the  pieces  of  paper,  except  in  eases 
allowed  by  law,  is  guilty  of  a  felony.  En.  February  14, 
1872.     Am'd.    1873-4,   425. 

§  117.  Falsifying  jury  lists,  etc.  Every  officer  or  person 
required  by  law  to  certify  to  the  list  of  persons  selected  as 
jurors,  who  maliciously,  corruptly,  or  willfully  certifies  to 
a  false  or  incorrect  list,  or  a  list  containing  other  names 
than  those  selected,  or  who,  being  required  by  law  to  write 
down  the  names  placed  on  the  certified  lists  on  separate 
pieces  of  paper,  does  not  write  down  and  place  in  the 
jury-box  the  same  names  that  are  on  the  certified  list, 
and  no  more  and  no  less  than  are  on  such  lists,  is  guilty 
of  a  felony.     En.  February  14,  1872. 


CHAPTEE   V. 

PERJURY  AND  SUBORNATION   OF  PERJURY. 

§  118.  Perjury  defined. 

§  llSa.  False  affidavits  as  to  affiant's  testimony. 

§  119.  Oath  defined. 

§  120.  Oath  of  office. 

§  121.  Irregularity   in   administering. 

§  122.  Incompetency    of   witness   no   defense. 

§  123.  Knowledge   of   materiality   of  testimony  not  necessary. 

§  124.  Deposition,    when   deemed   to   be  complete. 

§  125.  Statement  of  that  which  one  does  not  know  to  be  true. 

§  126.  Punishment   of  perjury. 

§  127.  Subornation   of  perjury. 

§  12S.  Procuring  the   execution  of  Innocent  persons. 

§  129.  False  return  whether  oath  is  taken  or  not. 

§  118.  Perjury  defined.  Every  person  who,  having  taken 
an  oath  that  he  will  testify,  declare,  depose,  or  certify 
truly  before  any  competent  tribunal,  officer,  or  person  in 
any  of  the  eases  in  which  such  an  oath  may  by  law  be 
administered,  willfully  and  contrary  to  such  oath  states  aa 
true  any  material  matter  which  he  knows  to  be  false,  is 
guilty  of  perjury.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     54,  528;  59,  374;  59,  379;  63,  63;  64,  271; 
103,  427;   111,   658;   113,  75;   117,  682;   120,   132;   120, 
134;   120,  135;  122,  680;  131,  260;  133,  368;   136,  392; 
137,  264;  137,  266;   146,  115;   146,  117;   146,  118. 
See   post,    sec.    121,   as    to    oaths    administered   in   an   ir- 
regular manner. 


79  PERJURY  AND   SUBORNATION   OF  PERJURY.     §§  U8a-121 

§  118a.  False  affidavits  as  to  affiant's  testimony.  Any 
person  who,  in  any  affidavit  taken  before  any  person  au- 
thorized to  administer  oaths,  swears,  affirms,  declares,  de- 
poses, or  certifies  that  he  will  testify,  declare,  depose,  or 
certify  before  any  competent  tribunal,  officer,  or  person,  in 
any  case  then  pending  or  thereafter  to  be  instituted,  in  any 
particular  manner,  or  to  any  particular  fact,  and  in  such 
affidavit  willfully  and  contrary  to  such  oath  states  as  true 
any  material  matter  which  he  knows  to  be  false,  is  guilty  of 
perjury.  In  any  prosecution  under  this  section,  the  subse- 
quent testimony  of  such  person,  in  any  action  involving  the 
matters  in  such  affidavit  contained,  which  is  contrary  to 
any  of  the  matters  in  such  affidavit  contained,  shall  be 
prima  facie  evidence  that  the  matters  in  such  affidavit  were 
false.     En.  Stats.   1905,  648. 

The  object  of  this  new  section  is  to  punish  those  who  Instigate  Utiga- 
tion  by  malting  false  affidavits  respecting  the  facts  to  which  they 
will  testify,  and  is  made  necessary  by  the  decision  of  the  Supreme 
Court  in  People  v.  Simpton,  133  Cal.  367. — Code  Commmissioner's 
Note. 

§  119.  Oath  defined.  The  term  "oath,"  as  used  in  the 
last  two  sections,  includes  an  affirmation  and  every  other 
mode  authorized  by  law  of  attesting  the  truth  of  that  which 
is  stated.     En.  February  14,  1872.     Am'd.  1905,  648. 

The  change  consists  in  the  substitution  of  the  words  "two  sections" 
for  "section."  The  change  is  made  necessary  by  the  addition  of  sec- 
tion  llSa   to   the   Code. — Code   Commissioner's   Note. 

Cal.  Eep.  Cit.     133,  370. 

Manner  of  administering  oath. — That  mode  of  swearing 
which  the  witness  believes  most  obligatory  may  be  adopted. 
No  special  form  of  oath  or  affirmation  is  required:  Code 
Civ.  Proc,  sees.  2093-2097;    see  also  sec.   121,  post. 

§  120.  Oath  of  office.  So  much  of  an  oath  of  office  as 
relates  to  the  future  performance  of  official  duties  is  not 
TOch  an  oath  as  is  intended  by  the  two  preceding  sections. 
Bn.  February  14,  1872. 

Oath  of  office:   See  Pol.  Code,  sees.  904  et  seq. 

§  121.  Irregularity  in  administering  oath.  It  is  no  de- 
fense to  a  prosecution  for  perjury  that  the  oath  was  admin- 
istered or  taken  in  an  irregular  manner,  or  that  the  per- 
son accused  of  perjury  did  not  go  before,  or  was  not  in 
the    presence    of,    the    officer    purporting    to    administer    the 


§§  122-125    PERJURY    AND    SUBORNATION    OF    PERJURY.  SO 

oath,  if  such  accused  caused  or  procured  such  officer  to  cer- 
tify that  the  oath  had  been  taken  or  administered.  En. 
February  14,  1872.     Am'd.  1905,  648. 

The  matter  following  the  word  "manner"  is  new.  The  object  of  the 
amendment  is  to  cut  off  the  defense  sometimes  successfuly  made  in 
perjury  cases,  that  the  defendant  did  not  in  fact  go  before  the  offi- 
cer and  take  oath,  it  being  at  the  same  time  admitted  that  he  sent 
the  affidavit  to  the  officer  with  the  Intention  that  he  should  certify 
to  it,  an-1  with  the  intention  that  it  should  be  used  as  valia. — Code 
Commissioner's  Note. 

Cal.  Eep.  Cit,     64,  271;  118,  80;  131,  256;   139,  601. 

§  122.  Incompetency  of  witness  no  defense.  It  is  no  de- 
fense to  a  prosecution  for  perjury  that  the  accused  was 
not  competent  to  give  the  testimony,  deposition,  or  certifi- 
cate of  which  falsehood  is  alleged.  It  is  sufficient  that 
he  did  give  such  testimony  or  make  such  deposition  or 
certificate.     En.  February  14,  1872. 

Cal.   Eep.   Cit.     64,   271. 

§  123.  Knowledge  of  materiality  of  testimony  not  neces- 
sary. It  is  no  defense  to  a  prosecution  for  perjury  that 
the  accused  did  not  know  the  materiality  of  the  false 
statement  made  by  him;  or  that  it  did  not,  in  fact,  affect 
the  proceeding  in  or  for  which  it  was  made.  It  is  suffi- 
cient that  it  was  material,  and  might  have  been  used  to 
affect    such    proceeding.     En.    February    14,    1872. 

Cal.   Eep.   Cit.     82,   610. 

§  124.  Deposition,  when  deemed  to  be  complete.  The 
making  of  a  deposition,  affidavit  or  certificate  is  deemed 
to  be  complete,  within  the  provisions  of  this  chapter,  from 
the  time  when  it  is  delivered  by  the  accused  to  any  other 
person,  with  the  intent  that  it  be  uttered  or  published  as 
true.     En.  February  14,  1872.     Am'd.  1905,  648. 

The  change  consists  in  the  addition  of  the  word  "affidavit."  The  pur- 
pose Is  of  the  same  character  as  that  of  the  amendment  to  the  pre- 
ceding section. — Co'de   Commissioner's   Note. 

Cal.  Eep.  Cit.     117,  682;   118,  51;  137,  221. 

§  125.  Statement  of  that  which  one  does  not  know  to 
be  true.  An  unqualified  statement  of  that  which  one  does 
not  know  to  be  true  is  equivalent  to  a  statement  of  that 
which  one  knows  to  be  false.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     120,  132;  120,  134;  120,  136. 


Si  FALSIFYING    EVIDENCE.  §§  126-132 

§  126.  Punishment  of  perjury.  Perjury  is  punishable  by 
imprisonment  in  the  state  prison  not  less  than  one,  nor  more 
than  fourteen  years.     En.  February  14,  1872. 

§  127.  Subornation  of  perjury.  Every  person  who  will- 
fully procures  another  person  to  commit  perjury  is  guilty 
of  subornation  of  perjury,  and  is  punishable  in  the  same 
manner  as  he  would  be  if  personally  guilty  of  the  perjury 
so  procured.     En.  February  14,  1872. 

§  128.     Procuring    the     execution     of     innocent     persons. 

Every  person  who,  by  willful  perjury  or  subordination  of 
perjury,  procures  the  conviction  and  execution  of  any 
innocent  person,  is  punishable  by  death.  En.  February  14, 
1872. 

§  129.  False  return,  whether  oath  is  taken  or  not.  Every 
person  who,  being  required  by  law  to  make  any  return, 
statement,  or  report,  under  oath,  willfully  makes  and  de- 
livers any  such  return,  statement,  or  report,  purporting  to 
be  under  oath,  knowing  the  same  to  be  false  in  any  particu- 
lar, is  guilty  of  perjury,  whether  such  oath  was  in  fact 
taken  or  not.     En.  Stats.  1905,  649. 

The  object  of  the  section  is  similar  to  that  of  hte  proposed  amend- 
ment to  section  121.  (See  People  v.  Simpton,  133  Cal.  367.)— Code  Com- 
missioner's  Note. 


CHAPTEE  VI. 

FALSIFYING    EVIDENCE. 

§  132.  Offering  false   evidence. 

§  133.  Deceiving  a  witness. 

§  134.  Preparing  false  evidence. 

§  135.  Destroying  evidence. 

\  136.  Preventing   or   dissuading   witness   from   attending. 

5  137.  Bribing   witnesses. 

§  138.  Receiving   or   offering  to   receive  bribes. 

§  132.  Offering  false  evidence.  Every  person  who,  upon 
any  trial,  proceeding,  inquiry,  or  investigation  whatever, 
authorized  or  permitted  by  law,  offers  in  evidence,  as 
genuine  or  true,  any  book,  paper,  document,  record,  or 
other  instrument  in  writing,  knowing  the  same  to  have 
been  forged,  or  fraudulently  altered  or  antedated,  is  guilty 
of  felony.  En.  February  14,  1872. 
Pen.  Code— 6 


§§  133-138  FALSIFYING    EVIDENCE.  82 

§  133,  Deceiving  a  witness.  Every  person  who  prac- 
tices any  fraud  or  deceit,  or  knowingly  makes  or  exhibits 
any  false  statement,  representation,  token,  or  writing,  to 
any  witness  or  person  about  to  be  called  as  a  witness 
upon  any  trial,  proceeding,  inquiry,  or  investigation  what- 
ever, authorized  by  law,  with  intent  to  affect  the  testimony 
of  such  witness,  is  guiltv  of  a  misdemeanor.  En.  February 
14,  1872. 

§  134.  Preparing  false  evidence.  Every  person  guilty 
of  preparing  any  false  or  antedated  book,  paper,  record, 
instrument  in  writing,  or  other  matter  or  thing,  with  intent 
to  produce  it,  or  allow  it  to  be  produced  for  any  fraudulent 
or  deceitful  purpose,  as  genuine  or  true,  upon  any  trial, 
proceeding,  or  inquiry  whatever,  authorized  by  law,  la 
guilty  of  felony.     En.  February  14,  1872. 

§  135.  Destroying  evidence.  Every  person  who,  know- 
ing that  any  book,  paper,  record,  instrument  in  writing, 
or  other  matter  or  thing,  is  about  to  be  produced  in  evi- 
dence upon  any  trial,  inquiry,  or  investigation  whatever, 
authorized  by  law,  willfully  destroys  or  conceals  the  same, 
with  intent  thereby  to  'prevent  it  from  being  produced,  is 
guilty  of  a  misdemeanor.     En.  February  14,  1872. 

§  136.    Preventing  or  dissuading  witness  from  attending. 

Every  person  who  willfully  prevents  or  dissuades  any  per- 
son who  is  or  may  become  a  witness,  from  attending  upon 
any  trial,  proceeding,  or  inquiry,  authorized  by  law,  is 
guilty  of  a  misdemeanor.     En.  February  14,  1872. 

§  137.  Bribing  witnesses.  Every  person  who  gives,  or 
offers,  or  promises  to  give,  to  any  witness,  or  person  about 
to  be  called  as  a  witness,  any  bribe,  upon  any  understand- 
ing or  agreement  that  the  testimony  of  such  witness  shall 
be  thereby  influenced,  or  who  attempts  by  any  other  means 
fraudulently  to  induce  any  person  to  give  false  or  with- 
hold true  testimony,  is  guilty  of  a  felony.  En.  February 
14,  1872.     Am'd.  1873-4,  425. 

Cal.  Kep.  Cit.     78,  170;.  146,  146. 

§  138.  Receiving  or  offering  to  receive  bribes.  Every 
person  who  is  a  witness,  or  is  about  to  be  called  as  such, 
who    receives    or    offers    to    receive,    any    bribe,    upon    any 


SS  OTHER    OFFENSES. 

understanding  that  his  testimony  shall  be  influenced  there- 
by, or  that  he  will  absent  himself  from  the  trial  or  pro- 
ceeding upon  which  his  testimony  is  required,  is  guilty  of 
a  felony.     En.  February  14,  1872.     Am'd.  1873-4,  425. 

CHAPTER    VII. 

OTHER    OFFENSES    AG.\INST    PUBLIC    JUSTICE. 

5  142.     Officer  refusing  to   arrest  parties  charged   with   crime. 

143.  Public    administrator,    neglect    or    violation    of   duty    by. 

144.  Receiving  fee   for  services  in  arresting  fugitives. 

145  Delaying  to  tal^e  person  arrested  before  a  magistrate. 

146.  Making   arrests,    etc.,    without   lawful   authority. 

147.  Inhuma,pity   to   prisoners. 
§  14S.  Resisting   public    officers. 

149.  Assault,    etc.,    by    officers,    under    color   of   authority. 

150.  Refusing  to   aid   officers   in    arrest,    etc. 

151.  Taking    extra-judicial    oaths.     (Repealed.) 

152.  .\dministering    extra-judicial    oaths.     (Repealed.) 
1.53.  Compounvling  crimes. 

154.  Debtor    fraudulently    concealing   his   property. 

155.  Defendant    fraudulently   concealing   his   property. 

156.  Fraudulent   pretenses   relative   to   birth   of   infant. 
§  157.  Substituting  one   child   for   another. 

§  158.     Common  barratry   defined.     How  punished. 
§  159.     What    proof   is   required. 

159a.  Advertising  procuring  of  divorce. 

Ifin.     Misconduct  by  attorneys. 

161.     Buying  demands  or  suit  by  an  attorney.  ^ 

§  161a.  Fal.sely   advertising   as   an    attorney. 
5   162.     Attorneys    forbidden    to   -defend    prosecutions    carried    on    by    their 

partners   or   formerly   by   themselves. 
§  163.    Limitation    of    preceding    section. 
^  164.     Grand   juror  acting  after  challenge  has  been   allowed. 

165.     Bribing  boards   of  supervisors,    etc. 
§  166.     Criminal   contempts, 
i  167.    False   certificates  by  public   officers. 
§  168.    Disclosing   fact   of   indictment   having   been    found. 
§  169.     Disolo.=ing    what    transpired    before    the    grand    jury. 
§  nn.     Maliciously   procuring  search   warrant. 

171.     T'nauthorized    communication    with    convict. 
§  171a.  Bringing  certain   drugs  or  firearms  into   or   near  prisons. 
§  171b.  Ex-convicts    coming    upon    or    near    prison    grounds. 
5  171c.  Tramp,    vagrant,    etc.,    coming    into    prison    or   upon    grounds    be- 
longing  thereto. 
5  172.     Keeping  intoxicating  liquors  within  or  contiguous  to   state   build- 
ings. 

173.  Importing  foreign  convicts. 

174.  Bringing   Chinese  into  the  state. 

§  175.  Separate    and   distinct   prosecution.  • 

176.  Omission  of  duty  by  public  officer. 

§  177.  Offense   for  which   no   penalty   is  prescribed. 

§  178.  Officers  of   corporations   not   to   employ    Chinese.     (Repealed.) 


§§   142-146  OTHER   OFFKNBKS.  84 

§  179.     Corporations  not   to  employ  Chinese.     (Repealed.) 

§  ISO.     County   treasurer   receiving   money. 

§  ISOa.  Bringing  drugs,  liquors,  firearms,  etc.,  into  state's  prison.  (Re- 
pealed.) 

§  181.  Infringement  of  personal  liberty  or  attempt  to  assume  owner- 
ship  of   persons 

§  142.  Officer  refusing  to  arrest  parties  charged  with 
crime.  Every  sheriff,  coroner,  keeper  of  a  jail,  constable, 
or  other  peace  officer,  who  willfully  refuses  to  receive  or 
arrest  any  person  charged  with  a  criminal  offense,  is  pun- 
ishable by  fine  not  exceeding  five  thousand  dollars,  and 
imprisonment  in  the  county  jail  not  exceeding  five  years. 
En.  February  14,  1872. 

§  143.  Public  administrator,  neglect  or  violation  of  duty 
by.  Every  person  holding  the  oSice  of  public  adminis- 
trator, who  willfully  refuses  or  neglects  to  perform  the 
duties  thereof,  or  who  violates  any  provision  of  law  re- 
lating to  his  duties  or  the  duties  of  his  office,  for  which 
some  other  punishment  is  not  prescribed,  is  punishable 
by  fine  not  exceeding  five  thousand  dollars,  or  imprison- 
ment in  the  county  jail  not  exceeding  two  years,  or  both. 
En.  February  14,  187'2. 

§  144.  Receiving  fee  for  services  in  arresting  fugitives. 
Every  person  who  violates  any  of  the  provisions  of  sec- 
tion *one  thousand  five  hundred  and  fifty-eight  is  guilty 
of  a  misdemeanor.     En.  February  14,  1872. 

The  section  referred  to  relates  to  fees  or  compensation 
allowed  persons  for  pursuing  and  securing  the  extradition 
of  fugitive     from  justice. 

§  145.  Delaying  to  take  person  arrested  before  a  magis- 
trate. Every  public  officer  or  other  person,  having  arrested 
any  person  upon  a  criminal  charge,  who  willfully  delays 
to  take  such  person  before  a  magistrate  having  juris- 
diction, to  take  his  examination,  is  guilty  of  a  misde- 
meanor.    En.  February  14,  1872. 

§  146.     Making    arrests,    etc.,    without    lawful    authority. 

Every  public  officer,  or  person  pretending  to  be  a  public 
officer,  who,  under  the  pretense  or  color  of  any  process 
or  other  legal  authority,  arrests  any  person  or  detains  him 
against  his  will,  or  seizes  or  levies  upon  any  property,  or 
dispossesses   any    one    of   any'  lands    or   tenements,    without 


S5  OTHER    OFFENSES.  §§  147-150 

a  regular  process  or  other  lawful  authority  therefor,  is 
guilty  of   a   misdemeanor.     En.   February   14,   1872. 

§  147.  Inhumanity  to  prisoners.  Every  officer  who  is 
guilty  of  willful  inhumanity  or  oppression  toward  any  pris- 
oner under  his  care  or  in  his  custody,  is  punishable  by 
fine  not  exceeding  two  thousand  dollars,  and  by  removal 
from  office.     En.   February   14,   1872. 

§  148.  Resisting  public  officers.  Every  person  who  will- 
fully resists,  delays,  or  obstructs  any  public  officer,  in 
the  discharge  or  attempt  to  discharge  any  duty  of  his 
office,  when  no  other  punishment  is  prescribed,  is  punish- 
able by  fine  not  exceeding  five  thousand  dollars,  and  im- 
prisonment in  the  county  jail  not  exceeding  five  years.  En. 
February   14,  1872. 

Cal.  Eep.  Cit.     59,  370;  120,  281. 

Resisting  officers:    Sec.   69. 

§  149.     Assault,  etc.,  by  officers,  under  color  of  authority. 

Every  public  officer  who,  under  color  of  authority,  without 
lawful  necessity,  assaults  or  beats  any  person,  is  punish- 
able by  fine  not  exceeding  five  thousand  dollars,  and  im- 
prisonment in  the  county  jail  not  exceeding  five  years.  En. 
February   14,  1872. 

§  150.  Refusing  to  aid  officers  in  arrest,  etc.  Every 
male  person  above  eighteen  years  of  age  who  neglects  or 
refuses  to  join  the  posse  comitatus  or  power  of  the  county, 
by  neglecting  or  refusing  to  aid  and  assist  in  taking  or 
arresting  any  person  against  whom  there  may  be  issued 
any  process,  or  by  neglecting  to  aid  and  assist  in  retaking 
any  person  who,  after  being  arrested  or  confined,  may  have 
escaped  from  such  arrest  or  imprisonment,  or  by  neglecting 
or  refusing  to  aid  and  assist  in  preventing  any  breach  of 
the  peace,  or  the  commission  of  any  criminal  offense,  being 
thereto  lawfully  required  by  any  sheriff,  deputy  sheriff, 
coroner,  constable,  judge,  or  justice  of  the  peace,  or  other 
officer  concerned  in  the  administration  of  justice,  is  pun- 
ishable by  fine  of  not  less  than  fifty  nor  more  than  one 
thousand  dollars.     En.  February  14,  1872. 

Act  to  authorize  supervisors  to  pay  expenses  of  posse 
comitatus:    See   post,   Appendix,   title   Supervisors. 


§§  151-155  OTHER    OFFENSES.  tf 

§  151.     Taking      extra-judicial       oaths.     (Eepealed.)     En. 

February   14,   1872.     Eep.   Stats.   1873-4,  425. 

§  152.    Administering     extra-judicial     oaths.     (Eepealed.) 

En.  February  14,  1872.     Eep.  Stats.   1873-4,  42.5. 

§  153.  Compounding  crimes.  Every  person  who,  having 
knowledge  of  the  actual  commission  of  a  crime,  takes  money 
or  property  of  another,  or  any  gratuity  or  reward,  or  any 
engagement  or  promise  thereof,  upon  any  agreement  or 
understanding  to  compound  or  conceal  such  crime,  or  to 
abstain  from  any  prosecution  thereof,  or  to  withhold  any 
evidence  thereof,  except  in  the  cases  provided  for  by  law 
in  which  crimes  may  be  compromised  by  leave  of  court 
is  punishable   as  follows: 

1.  By  imprisonment  in  the  state  prison  not  exceeding 
iive  years,  or  in  a  county  jail  not  exceeding  one  year,  where 
the  crime  was  punishable  by  death  or  imprisonment  in 
tiie  state  prison  for  life; 

2.  By  imprisonment  in  the  state  prison  not  exceeding 
three  years,  or  in  the  county  jail  not  exceeding  six  months, 
where  the  crime  was  punishable  by  imprisonment  in  the 
state  prison  for  any  other  term  than  for  life; 

3.  By  imprisonment  in  the  county  jail  not  exceeding 
six  months,  or  by  fine  not  exceeding  five  hundred  dollars, 
where  the  crime  was  a  niisdemeanor.  En.  February  14, 
1872. 

Cal.   Eep.   Cit.     103,   676;   103,   677. 

Compromising  certain  offenses:  Post,  sees.  1377-1379. 

§  154.  Debtor  fraudulently  concealing  his  property. 
Every  debtor  who  fraudulent)}^  removes  his  property  or 
effects  out  of  this  state,  or  fraudulently  sells,  conveys, 
assigns,  or  conceals  his  property,  with  intent  to  defraud, 
hinder,  or  delay  his  creditors  of  their  rights,  claims,  or 
demands,  is  punishable  by  imprisonment  in  the  county  jail 
not  exceeding  one  year,  or  by  fine  not  exceeding  five  thou- 
sand dollars,  or  by  both.     En.  February  14,   1872. 

Cal.  Eep.  Cit.     103,  354. 

§  155.     Defendant    fraudulently    concealing   his    property. 

Every  person  against  whom  an  action  is  pending  or  against 
whom  a  judgment  has  been  rendered  for  the  recovery  of 
any    personal    property,    who    fraudulently    conceals,    sells, 


87  OTHER    OFFENSES.  §§  156-159a 

or  disposes  x)f  such  property,  with  intent  to  hinder,  delay, 
or  defraud  the  person  bringing  such  action  or  recovering 
such  judgment,  or  with  such  intent  removes  such  property 
beyond  the  limits  of  the  county  in  which  it  may  be  at  the 
time  of  the  commencement  of  such  action  or  the  rendering 
of  such  judgment,  is  punishable  as  provided  in  the  preceding 
section.     En.  February  14,   1872. 

§  156.     Fraudulent  pretenses  relative  to  birth  of  infant. 

Every  person  who  fraudulently  produces  an  infant,  falsely 
pretending  it  to  have  been  born  of  any  parent  whose 
child  would  be  entitled  to  inherit  any  real  estate  or  to  re- 
ceive a  share  of  any  personal  estate,  with  intent  to  inter- 
cept the  inheritance  of  any  such  real  estate,  or  the  dis- 
tribution of  any  such  personal  estate  from  any  person 
lawfully  entitled  thereto,  is  punishable  by  imprisonment 
in  the  state  prison  not  exceeding  ten  years.  En.  February 
14,   1872. 

§  157.  Substituting  one  child  for  another.  Every  person 
to  whom  an  infant  has  been  confided  for  nursing,  education, 
or  any  other  purpose,  who,  with  intent  to  deceive  any  par- 
ent or  guardian  of  such  child,  substitutes  or  produces  to 
such  parent  or  guardian  another  child  in  the  place  of 
the  one  so  confided,  is  punishable  by  imprisonment  in  the 
state  prison  not  exceeding  seven  years.  En.  February  14, 
1872. 

§  158.  Common  barratry  defined.  How  punished.  Com- 
mon barratry  is  the  practice  of  exciting  groundless  judicial 
proceedings,  and  is  punishable  by  imprisonment  in  the 
county  jail  not  exceeding  six  months,  and  by  fine  not  ex- 
ceeding five   hundred  dollars.     En.  Pebrurry   14,   1872. 

§  159.  What  proof  is  required.  No  person  can  be  con- 
victed of  common  barratry  except  upon  proof  that  he  has 
excited  suits  or  proceedings  at  law  in  at  least  three  in- 
stances, and  with  a  corrupt  or  malicious  intent  to  vex  and 
annoy.     En.  February   14,   1872. 

§  15914.     Number  changed  to  159a.     See  §   159a,  post. 

§  159a.  Advertising  procuring  of  divorce.  Whoever  ad- 
vertises, prints,  publishes,  distributes,  or  circulates,  or  causes 
to  be  advertised,  printed,  published,  distributed,  or  circu- 
lated, any  circular,  pamphlet,  card,  handbill,  advertisement, 


§§  160-162  OTHER    OFFENSES.  88 

printed  paper,  book,  newspaper,  or  notice  of  any  kind, 
offering  to  procure  or  obtain,  or  to  aid  in  procuring  or  ob- 
taining, any  divorce,  or  the  severance,  dissolution,  or  an- 
nulment of  any  marriage,  or  offering  to  engage  or  appear  or 
act  as  attorney,  counsel,  or  referee  in  any  suit  for  alimony 
or  divorce,  or  the  severance,  dissolution,  or  annulment  of  any 
marriage,  either  in  this  state  or  elsewhere,  is  guilty 
of  a  misdemeanor.  This  section  does  not  apply  to  the  print- 
ing or  publishing  of  any  notice  or  advertisement  required  or 
authorized  by  any  law  of  this  state.  En.  Stats.  1891,  279. 
Am'd.   1893,  48;    1905,   649. 

§  160.  Misconduct  by  attorneys.  Every  attorney  who, 
whether  as  attorney  or  as  counselor,  either: 

1.  Is  guilty  of  any  deceit  or  collusion,  or  consents  to  any 
deceit  or  collusion,  with  intent  to  deceive  the  court  or 
any  party;  or, 

2.  Willfully  delays  his  client's  suit  with  a  view  to  his 
own  gain;   or, 

3.  Willfully  receives  any  money  or  allowance  for  or 
on  account  of  any  money  which  he  has  not  laid  out  or 
become  answerable  for; 

— is  guilty   of   a   misdemeanor.     En.   February   14,    1872. 
Disbarring  attorneys:  See  Code  Civ.  Proc.  sec.  287. 

§  161.  Buying  demands  or  suit  by  an  attorney.  Every 
attorney  who,  either  directly  or  indirectly,  buys,  or  is 
interested  in  buying  any  evidence  of  debt  or  thing  in 
action,  with  intent  to  bring  suit  thereon,  is  guilty  of  a 
misdemeanor.     En.  February  14,  1872. 

Cal.  Rep.  Cit.     68,  81;  98,  524;  143,  527. 

§  161a.  Palsely  advertising  as  an  attorney.  Any  person, 
other  than  a  regularly  licensed  attorney,  who  advertises  or 
holds  himself  out  as  practicing  or  entitled  to  practice  law 
in  any  court  of  record,  is  guilty  of  a  misdemeanor.  En. 
Stats.  1905,  649. 

This   section,    which    is   a   new    one,    is   self-explanatory.— Code    Commis- 
sioner's  Note. 

§  162.  Attorneys  forbiaden  to  defend  prosecutions  car- 
ried on  by  their  partners  or  formerly  by  themselves.  Every 
attorney  who,  directly  or  indirectly,  advises  in  relation  to, 
or  aids,  or  promotes  the  defense  of  any  action  or  proceed- 


89  OTHER    OFFENSES.  §§  163-165 

ing  in  any  court,  the  prosecution  of  which  is  carried  on, 
aided,  or  promoted  by  any  person  as  district  attorney, 
or  other  public  prosecutor,  with  whom  such  person  is 
directly  or  indirectly  connected  as  a  partner;  or  who, 
having  himself  prosecuted,  or  in  any  manner  aided  or 
promoted  any  action  or  proceeding  in  any  court  as  district 
attorney  or  other  public  prosecutor,  afterwards,  directly 
01  indirectly,  advises  in  relation  to  or  takes  any  part 
in,  the  defense  thereof,  as  attorney  or  otherwise,  or  who 
takes  or  receives  any  valuable  consideration  from  or  on 
behalf  of  any  defendant  in  any  such  action,  upon  any 
understanding  or  agreement  whatever  having  relation  to 
the  defense  thereof,  is  guilty  of  a  misdemeanor,  and  in 
addition  to  the  punishment  prescribed  therefor,  forfeits 
his  license  to  practice  law.  En.  February  14,  1872. 
Cal.  Eep.  Cit.     69,  59. 

§  163.  Limitation  of  preceding  section.  The  preceding 
section  does  not  prohibit  an  attorney  from  defending  him- 
self in  person,  as  attorney  or  counsel,  when  prosecuted, 
either   civilly    or    criminally.     En.    February    14,    1872. 

§  164.  Grand  juror  acting  after  challenge  has  been  al- 
lowed. Every  grand  juror  who,  with  knowledge  that  a 
challenge  interposed  against  him  by  a  defendant  has  been 
allowed,  is  present  at,  or  takes  part,  or  attempts  to  take 
part  in  the  consideration  of  the  charge  against  the  de- 
fendant who  interposed  the  challenge,  or  the  deliberations 
of  the  grand  jury  thereon,  is  guilty  of  a  misdemeanor.  En. 
February  14,  1872. 

§  165.  Bribing  boards  of  supervisors,  etc.  Every  person 
who  gives  or  offers  a  bribe  to  any  member  of  any  com- 
mon council,  board  of  supervisors,  or  board  of  trustees  of 
any  county,  city  and  county,  city,  or  public  corporation, 
with  intent  to  corruptly  influence  such  member  in  his  action 
on  any  matter  or  subject  pending  before,  or  which  is  after- 
ward to  be  considered  by,  the  body  of  which  he  is  a  mem- 
ber, and  every  member  of  any  of  the  bodies  mentioned  in 
this  section  who  receives,  or  agrees  to  receive  any  bribe 
upon  any  understanding  that  his  official  vote,  opinion,  judg- 
ment, or  action  shall  be  influenced  thereby,  or  shall  be  given 
in  any  particular  manner  or  upon  any  particula-  side  of  any 
question  or  matter,  upon  which  he  may  be  required  to  act 
in  his  official  capacity,  is  punishable  by  imprisonment  in  the 


§  166  OTHER   OFFENSES.  30 

state's  prison  not  less  than  one  nor  more  than  fourteen  years, 
and  upon  conviction  thereof  shall,  in  addition  to  said  pun- 
ishment, forfeit  his  office,  be  disfranchised  and  forever  dis- 
qualified from  holding  anv  public  office  or  trust.  En.  Feb- 
ruary 14,  1872.     Am'd.  1905,  650. 

The  word  "public"  is  inserted  before  the  word  "corporation,"  as  the 
section  was  undoubtedly  intended  to  apply  to  bodies  and  authorities 
of  a  public  character.  The  words  "of  which  is  afterward  to  be  con- 
sidered by"  are  inserted.  The  words  "upon  any  understanding  that 
his  official  vote,  opinion,  judgment,  or  action  shall  be  influenced  there- 
by, or  shall  be  given  in  any  particular  manner  or  upon  any  particu- 
lar side  of  any  question  or  matter,  upon  which  he  may  be  required 
to  act  in  his  official  capacity,"  were  not  in  the  report  of  the  origi- 
nal Code  Commission,  but  were  .inserted  as  a  committee  amend- 
ment two  years  ago.  The  added  words  "in  addition  to  said  punish- 
ment" were  likewise  Inserted  by  said  committee.  The  first  two 
changes  are  code  revision;  the  last  two  changes  are,  in  a  measure, 
new  legislation,   but  we  think  them  good. — Code  Commissioner's  Note. 

Cal.  Eep.  Cit.     93,  631;  110,  372;  110,  374. 

§  166.  Criminal  contempts.  Every  person  guilty  of  any 
contempt  of  court,  of  either  of  the  following  kinds,  is 
guilty  of  a  misdemeanor: 

1.  Disorderly,  contemptuous,  or  insolent  behavior  com- 
mitted during  the  sitting  of  any  court  of  justice,  in  imme- 
diate view  and  presence  of  the  court,  and  directly  tending 
to  interrupt  its  proceedings  or  to  impair  the  respect  due 
to  its  authority; 

2.  Behavior  of  the  like  character  committed  in  the 
presence  of  any  referee,  while  actually  engaged  in  any 
trial  or  hearing,  pursuant  to  the  order  of  any  court,  or 
in  the  presence  of  any  jury  while  actually  sitting  for  the 
trial  of  a  cause,  or  upon  any  inquest  or  other  proceedings 
authorized  by  law; 

3.  Any  breach  of  the  peace,  noise,  or  other  disturbance 
directly  tending  to  interrupt  the  proceedings  of  any 
court; 

4.  Willful  disobedience  of  any  process  or  order  law- 
fully issued  by  any  court; 

5.  Eesistance  willfully  offered  by  any  person  to  the  lawful 
order  or  process  of  any  court; 

6.  The  contumacious  and  unlawful  refusal  of  any  person 
to  be  sworn  as  a  witness;  or,  when  so  sworn,  the  like  re- 
fusal to  answer  any  material  question; 

7.  The  publication  of  a  false  or  grossly  inaccurate  re- 
port of  the  proceedings  of  any  court; 


91  OTHER    OFFENSES.  §§  167-170 

8.  Presenting  to  any  court  having  power  to  pass  sen- 
tence upon  any  prisoner  under  conviction,  or  to  any  mem- 
ber of  such  court,  any  affidavit,  or  testimony,  or  representa- 
tion of  any  kind,  verbal  or  written,  in  aggravation  or  miti- 
gation of  the  punishment  to  be  imposed  upon  such  prisoner, 
except  as  provided  in  this  code.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     64,  438;   69,  543;   99,  361. 

Contempt  punishable  as  a  crime:  Post,  sec.  ,657. 

Contempts. — Power  of  court  to  punish:  Code  Civ.  Proc, 
sees.  128,  177,  178. 

§  167.  False  certificates  by  public  officers.  Every  public 
officer  authorized  by  law  to  make  or  give  any  certificate 
or  other  writing,  who  makes  and  delivers  as  true  any  such 
certificate  or  writing,  containing  statements  which  he  knows 
to  be  false,  is  guilty  of  a  misdemeanor.  En.  February  14, 
1872. 

§  168.  Disclosing  fact  of  indictment  having  been  found. 
Every  gra,nd  juror,  district  attorney,  clerk,  judge  or  other 
officer  who,  except  by  issuing  or  in  executing  a  warrant  of 
arrest,  willfully  discloses  the  fact  of  an  information  or  in- 
dictment having  been  made  for  a  felony,  until  the  defend- 
ant has  been  arrested,  is  guilty  of  a  misdemeanor.  En.  Feb- 
ruary 14,  1872.     Am'd.  1905,  650. 

"Presentment"  is  stricken  out  and  "information"  inserted  in  its  place, 
for  the  reason  that  under  the  Constitution  of  1879  there  is  no  prose- 
cution by  presentment,  that  portion  of  this  section  (originally  passed 
in  1S72)  having  been  superseded  by  the  Constitution. — Code  Commis- 
sioner's  Note. 

Cal.  Eep.  Cit.     63,  424. 

§  169.    Disclosing  what  transpired,  before  the  grand  jury. 

Every  grand  juror  who,  except  when  required  by  a  court, 
willfully  discloses  any  evidence  adduced  before  the  grand 
jury,  or  anything  wliieh  he  himself,  or  any  other  member 
of  the  grand  jury,  may  have  said,  or  in  what  manner  he 
or  any  other  grand  juror  may  have  voted  on  a  matter 
before  them,  is  guilty  of  a  misdemeanor.  En.  February 
14,  1872. 

§  170.  Maliciously  procuring  search  warrant.  Every  per- 
son who  maliciously  and  without  probable  cause  procures 
a  search   warrant   or  warrant   of    arrest    to    be   issued   and 


§§  171-171e  OTHER    OFFENSES.  92 

executed,    is   guilty    of    a    misdemeanor.     En.    February    14, 
1872. 

§  171.  Unauthorized  communication  with  convict.  Every 
person,  not  authorized  b}^  law,  who,  without  the  permis- 
sion of  the  warden  or  other  officer  in  charge  of  any  state 
prison,  jail,  or  reformatory  in  this  state,  communicates  with 
any  convict  or  person  detained  therein,  or  brings  therein 
or  takes  therefrom  any  letter,  writing,  literature,  or  read- 
ing matter  to  or  from  any  convict  or  person  confined  therein, 
is  guilty  of  a  misdemeanor.  En.  February  14,  1872.  Am'd. 
1905,  651. 

The  scope  of  the  section  is  broadened  by  the  insertion  of  the  words 
"jail  or  reformatory  in  this  state,"  and  the  words  "literature  or 
reading   matter." — Code    Commissioner's    Note. 

§  171a.  Bringing  certain  drugs  or  firearms  into  or  near 
prisons.  Any  person,  uot  authorized  by  law,  who  brings 
into  any  state  prison,  jail,  or  reformatory  in  this  state, 
or  within  the  grounds  belonging  or  adjacent  to  any  such 
institution,  any  opium,  morphine,  cocaine,  or  other  narcotic, 
or  any  intoxicating  liquor  of  any  kind  whatever,  or  any 
firearms,  weapons  or  explosives  of  any  kind,  is  guilty  of  a 
felony.     En.  Stats.  1905,  651. 

171a,  171b,  17c,lS0a.  Sections  171a,  171b,  171c  contam  the  matter  now 
contained  in  section  ISOa,  and  also  a  codification  of  the  provisions  ot 
the  statute  of  1S9.5,  page  92. — Code  Commissioner's  Note. 

§  171b.  Ex-convicts  coming  upon  or  near  prison  grounds. 
Every  person  who,  having  been  previously  convicted  of  a 
felony  and  confined  in  any  state  prison  in  this  state,  with- 
out the  consent  of  the  warden  or  other  officer  in  charge  of 
any  state  prison  or  reformatory  in  this  state,  comes  upon 
the  grounds  of  any  such  institution,  or  lands  belonging  or 
adjacent  thereto,  in  the  night-time,  is  guilty  of  a  felony. 
En.  Stats.  1905,  651. 

See  note  to  §  171a,  ante. 

§  171c.  Tramp,  vagrant,  etc.,  coming  into  prison  or  upon 
grounds  belonging  thereto.  Any  tramp,  vagrant,  or  person 
who  is  a  known  associate  of  thieves,  who  comes  into  any 
state  reformatory  in  this  state,  or  upon  the  grounds  belong- 
ing or  adjacent  thereto,  and  communicates  with  any  of  the 
inmates  of  such  institution,  without  the  consent  of  the 
superintendent  or  other  person  having  charge  thereof,  or  who 
visits  or  communicates  with  any  paroled  pupil  or  inmate  of 


173.  Every  person  who,  within  half  a  mile  of  the  land 
jlonging  to  this  state  upon  which  any  state  prison,  or 
ithin  nineteen  hundred  feet  of  the  land  belonging  to  this 
ate  upon  which  any  reformatory,  is  situated,  or  within 
le  mile  of  the  grounds  belonging  to  the  University  of 
alifornia  at  Berkeley,  or  within  one  and  one-half  miles 
:  the  lands  occupied  by  any  home,  retreat,  or  asylum  for 
isabled  volunteer  soldiers  or  sailors,  established  or  to  be 
5tablished  by  this  state,  or  by  the  United  States  within 
lis  state,  or  within  the  State  Capitol  or  within  the  limits 
f  the  grounds  adjacent  and  belonging  thereto  sells,  gives 
way,  or  exposes  for  sale,  any  vinous  or  alcoholic  liquors, 
;  guilty  of  a  misdemeanor.      (In  effect  March  6,   1907.) 


93  OTHER    OFFENSES.  §§  172-174 

such  institution,  with  a  view  to  induce  him  to  violate  the 
conditions  of  his  parole,  or  who  induces  such  paroled  pupil 
or  inmate  to  leave  the  guardian  under  whom  he  has  been 
placed  by  the  superintendent  or  other  head  of  such  institu- 
tion, is  guilty  of  a  misdemeanor.  En.  Stats.  1905,  651. 
See  note  to  §  171a,  ante. 

§  172.  Keeping  intoxicating  liquors  within  or  contiguous 
to  state  buildings.  Every  person  who,  within  two  miles  of 
the  land  belonging  to  this  state  upon  which  any  state  prison 
or  reformatory  is  situated,  or  within  one  mile  of  the  grounds 
belonging  and  adjacent  to  the  University  of  California,  or 
within  one  and  one  half  miles  of  the  lands  occupied  by  any 
home,  retreat,  or  asylum  for  disabled  volunteer  soldiers  or 
sailors  established  or  to  be  established  by  this  state  or  by 
the  United  States  within  this  state,  or  within  the  state  capi- 
tol,  or  within  the  limits  of  the  grounds  adjacent  and  be- 
longing thereto,  sells,  gives  away,  or  exposes  for  sale,  any 
vinuous  or  alcoholic  liquors,  is  guilty  of  a  misdemeanor.  En. 
February   14,   1872.     Am'd.   1875-6,   109;    1905,   652. 

The  amendment  consolidates  the  provisions  of  the  present  section  172 
with  a  codification  of  the  statutes  of  1S73-4,  page  12;  1S80,  page  SO 
and  1895,  page  161,  relating  to  the  state  university,  soldiers'  homes 
and  state  capitol.  There  is  no  new  legislation  In  the  section. — Cod^ 
Commissioner's    Note. 

Cal.  Eep.  Cit.     61,  437. 

Act  to  prevent  sale  of  liquors  near  Soldiers'  Home:  See 
post,   Appendix,   title   Intoxicating  Liquors. 

Act  to  prohibit  sale  of  intoxicants  in  state  capitol:  See 
post.  Appendix,  title  Intoxicating  Liquors. 

Act  to  prohibit  sale  of  intoxicants  near  state  university: 
See   post,   Appendix,   title  Intoxicating   Liquors. 

§  1<  ^.  Importing  foreign  convicts.  Every  captain,  mas- 
ter of  a  vessel,  or  other  person,  who  willfully  imports, 
brings,  or  sends,  or  causes  or  procures  to  be  brought  or 
sent  into  this  state,  any  person  who  is  a  foreign  convict 
of  any  crime  which,  if  committed  within  this  state,  would 
be  punishable  therein,  (treason  and  misprision  of  treason 
excepted)  or  who  is  delivered  or  sent  to  him  from  any  prison 
or  place  of  confinement  in  any  place  without  this  state,  is 
guilty  of  a  misdemeanor.     En.  February  14,  1872. 

§  174.  Bringing  Chinese  into  the  state.  Every  person 
bringing    to    or   landing   within    this   state    any   person    born 


§§  175-178  OTHER    OFFENSES.  94 

either  in  the  empire  of  China  or  Japan,  or  the  islands  ad- 
jacent to  the  empire  of  China,  without  first  presenting  to 
the  commissioner  of  immigration  evidence  satisfactory  to 
such  commissioner  that  such  person  desires  voluntarily  to 
come  into  this  state,  and  is  a  person  of  good  character, 
and  obtaining  from  such  commissioner  a  permit  describing 
such  person  and  authorizing  the  landing,  is  punishable  by 
a  fine  of  not  less  than  one  nor  more  than  five  thousand 
dollars,  or  by  imprisonment  in  the  county  jail  not  less  than 
two  nor  more  than  twelve  months.     En.  February  14,   1872. 

§  175.  Separate  and  distinct  prosecution.  Every  indi- 
vidual person  of  the  classes  referred  to  in  the  two  preced- 
ing sections,  brought  to  or  landed  within  this  state  con- 
trary to  the  provisions  of  such  sections,  renders  the  person 
bringing  or  landing  liable  to  a  separate  prosecution  and 
penalty.     En.  February  14,  1872. 

§  176.  Omission  of  duty  by  public  ofiQ.cer.  Every  willful 
omission  to  perform  any  duty  enjoined  by  law  upon  any 
public  officer,  or  person  holding  any  public  trust  or  em- 
ployment, where  no  special  provision  shall  have  been  made 
for  the  punishment  of  such  delinquency,  is  punishable  as  a 
misdemeanor.     En.    February    14,    1872. 

Cal.  Eep.   Cit.     47,   130;   47,   131;   84,  310. 

§  177.  Offense  for  which  no  penalty  is  prescribed.  When 
an  act  or  omission  is  declared  by  a  statute  to  be  a  public 
offense,  and  no  penalty  for  the  offense  is  prescribed  in 
any  statute,  the  act  or  omission  is  punishable  as  a  misde- 
meanor.    En.  February  14,   1872.     Am'd.   1873-4,  426. 

Cal.  Eep.  Cit.     62,  310. 

§  178.     Officers    of    corporations    not   to    employ    Chinese. 

En.  Stats.  1880,  1.     Eep.  1905,  652. 

178,  179.     These     sections     were^    in     the     Circuit     Court    of     the     United 
States,    Ninth    Judicial    District,    explicitly   held    to   be    in   violation    o£ 


95  OTHER    OFFENSES.  §§  179-lSl 

the  Constitution  of  the  United  States,  on  May  22,  ISSO.  (In  re  Par- 
rott,  5  Pac.  Coast  L.  J.  161.)  They  are  now  obsolete.  An  ordinance 
in  somewhat  similar  terms  was  also  held  unconstltuional  in  Kx  Parte 
Kerboch,   85   Cal.    274.— Code   Commissioner's   Note. 

§  179.     Corporations  not  to   employ   Chinese,     En.   Stats. 
1880,  2.     Eep.   1905,  652. 
See  note  to   §   178,  ante. 

§  180.  County  treasurer  receiving  money.  Any  county 
treasurer  who  shall  accept,  or  allow,  any  deposit  in  the 
county  treasury  of  moneys,  from  any  private  and  unofficial 
source,  is  guilty  of  misdemeanor,  and  shall  be  punished  by 
imprisonment  in  the  county  jail  for  not  less  than  six  months 
nor  more  than  one  year,  or  by  a  fine  of  not  less  than  five 
hundred  dollars  and  not  more  than  five  thousand  dollars, 
or  both  such  fine  and  imprisonment  in  the  discretion  of  the 
court,  and,  in  addition  thereto,  shall  forfeit  his  office.  En. 
Stats.  1897,  56. 

§180a.  Bringing  drugs,  liquors,  firearms,  etc.,  into  State's 
prison;  repealed.  En.  Stats.  1899,  4.  Am'd.  1901,  107.  Eep. 
1905,  652. 

See  note  to  §  171a,  ante. 

§  181.  Infringement  of  personal  liberty  or  attempt  to 
assume  ownership  of  persons.  Every  person  who  holds,  or 
attempts  to  hold,  any  person  in  involuntary  servitude,  or 
assumes,  or  attempts  to  assume,  rights  of  ownership  over 
any  person,  or  who  sells,  or  attempts  to  sell,  any  person 
to  another,  or  receives  money  or  anything  of  value,  in 
consideration  of  placing  any  person  in  the  custody,  or 
under  the  power  or  control  of  another,  or  who  buys,  or  at- 
tempts to  buy,  any  person,  or  pays  money,  or  delivers  any- 
thing of  value,  to  another,  in  consideration  of  having  any 
person  placed  in  his  custody,  or  under  his  power  or  con- 
trol, or  who  knowingly  aids  or  assists  in  any  manner  any 
one   thus   offending,   is   punishable   by   imprisonment   in   the 


§§  1S2,  1S3  CONSPIRACY.  9« 

state  prison  not  less  than  one  nor  more  than  ten  years.     En. 
1901,  330. 

Cal.  Eep.  Cit.     81,  472. 


CHAPTER  VIII. 

CONSPIRACY. 

§  1S2.  Criminal   conspiracy   defined   and   punishment   fixed. 

§  183.  No    other    conspiracies    punishable    criminally. 

§  184.  Overt   act.    when   necessary. 

§  185.  Wearing   mask    or   disguise. 

§  182.     Criminal  conspiracy  defined  and  punishment  fixed. 

If  two  or  more  persons  conspire — 

1.  To   commit  any  crime; 

2.  Falsely  and  maliciously  to  indict  another  for  any 
crime,  or  to  procure  another  to  be  charged  or  arrested  for 
any  crime; 

3.  Falsely  to  move  or  maintain  any  suit,  action,  or  pro- 
ceeding; 

4.  To  cheat  and  defraud  any  person  of  any  property  by 
any  means  which  are  in  themselves  criminal,  or  to  ob- 
tain money  or  property  by  false  pretenses;  or, 

5.  To  commit  any  act  injurious  to  the  public  health, 
to  public  morals,  or  for  the  perversion  or  obstruction  of 
justice  or   due   administration   of  the  laws; 

— they  are  punishable  by  imprisonment  in  the  county 
jail  not  exceeding  one  year  or  by  fine  not  exceeding  one 
thousand  dollars,  or  both.  En.  February  14,  1872.  Am'd. 
1873-4,  426. 

Cal.  Rep.  Cit.     105,  263;   118,  460. 

Evidence  on  trial  for  conspiracy:  See  post,  sec.  1104. 

§  183.  No  other  conspiracies  punishable  criminally.  No 
conspiracies,  other  than  those  enumerated  in  the  preceding 
section,  are  punishable   criminally.     En.   February   14,   1872. 


97  CONSPIRACY.  §§  184,  185 

§  18i.  Overt  act,  when  necessary.  No  agreement,  ex- 
cept to  commit  a  felony  upon  the  person  of  another,  or  to 
commit  arson,  or  burglary,  amounts  to  a  conspiracy,  un- 
less some  act,  beside  such  agreement,  be  done  to  effect  the 
object  thereof,  by  one  or  more  of  the  parties  to  such  agree- 
ment.    En.  February  14,  1872. 

Cal.  Eep.  Cit.     105,  264. 

§  185.  Wearing  mask  or  disguise.  It  shall  be  unlawful 
for  any  person  to  wear  any  mask,  false  whiskers,  or  any 
personal  disguise  (whether  complete  or  partial)  for  the 
purpose  of — ■ 

1.  Evading  or  escaping  discovery,  recognition,  or  identi- 
fication in  the  commission  of  any  public  offense; 

2.  Concealment,  flight,  or  escape,  when  charged  with, 
arrested  for,  or  convicted  of,  any  public  offense.  Any  per- 
son violating  any  of  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor.     En.  1873-4,  426. 

Pen.  Code— 7 


§  187  HOMICIDE.  i 

TITLE  VIII. 

OF   CRIMES   AGAINST   THE   PERSON. 
Chapter  I.     Homicide,  §§  187-199. 
II.     Mayhem,  §§  203,  204. 
III.     Kidnaping,  §§  207-209. 
IV.     Robbery,  §§  211-214. 

V.     Attempts  to  Kill,  §§  216-219. 
VI.     Assaults  with   Intent   to   Commit   Felony,   other 
than    Assaults    with    Intent    to    Murder,     §§ 
220-222. 
VII.     Duels  and  Challenges,  §§  225-232. 
VIII.     False  Imprisonment,  §§  236,  237. 
IX.     Assault  and  Battery,  §§  240-246. 
X.     Libel,  §§  248-259. 

CHAPTER   I. 

HOMICIDE. 

§  1S7.  Murder  defined. 

§  ISS.  Malice   defined. 

§  189.  Degrees   of   murder. 

§  190.  Punishment   of  murder. 

§  191.  Petit  treason  abolished. 

§  192.  Manslaugrhter— voluntary    and    involuntary. 

§  193.  Punishment    of    manslaughter. 

§  194.  Deceased  must  die  within  a   year  and  a  day. 

§  195.  Excusable    homicide. 

§  196.  Justifiable   homicide   by    public   officers. 

§  197.  Justifiable  homicide  by  other  persons. 

§  19S.  Bare  fear  not   to  justify  killing. 

§  199.  Justifiable  and   excusable  homicide  not   punishable. 

§  187.  Murder  defined.  Murder  is  the  unlawful  killing 
of  a  human  being,  with  malice  aforethought.  En.  Febru- 
ary 14,  1872. 

Cal.  Rep.  Cit.     58,  268;  58,  269;   63,  28;   63,  166;   63,  424; 

65,    212;    65,   235;    68,   362;    86,   240;    99,   3;    122,    141; 

137,  591;    137,  592;    142,  341;   142,  356;   145,  170;   145, 

171. 
Degrees  of  murder;  Post,  sec.  189. 


99  HOMICIDE.  §§  188-190 

§  188.  Malice  defined.  Such  malice  may  be  expressed  or 
implied.  It  is  express  when  there  is  manifested  a  deliber- 
ate intention  unlawfully  to  take  away  the  life  of  a  fel- 
low-creature. It  is  implied,  when  no  considerable  provo- 
cation appears,  or  when  the  circumstances  attending  the 
killing  show  an  abandoned  and  malignant  heart.  En.  Feb- 
ruary 14,  1872. 

Cal.  Eep.  Cit.  58,  268;  58,  269;  65,  235;  71,  3;  71,  6: 
72,  613;  76,  285;  93,  566;  120,  202;  122,  141;  123,  305; 
135,  348;  139,  164;  145,  170. 

Malice  express  or  implied:  See  ante,  sec.  7,  subd.  4. 

§  189.  Degrees  of  murder... All  murder  which  is  perpe- 
trated by  means  of  poison,  or  lying  in  wait,  torture,  or  by 
any  other  kind  of  willful,  deliberate,  and  premeditated 
killing,  or  which  is  committed  in  the  perpetration  or  at- 
tempt to  perpetrate  arson,  rape,  robbery,  burglary,  or 
mayhem,  is  murder  of  the  first  degree;  and  all  other  kinds 
of  murders  are  of  the  second  degree.  En.  February  14, 
1872.     Am'd.  1873-4,  427. 

Cal.  Rep.  Cit.     57,  94;  58,  268;  58,  269;  59,  601;   63,  424; 

99,  3;  121,  347;  122,  141;  Ul,  231;  145,  170;  147,  273. 

71,   6;    76,    285;    80,    125;    81,   567;    86,   240;    88,    271. 
The  indictment:  See  post,  sec.  959. 

Burden  of  proving  justification  or  excuse:  See  post,  sec. 
1105. 

§  190.  Punishment  of  murder.  Every  person  guilty  of 
murder  in  the  first  degree  shall  suffer  death,  or  confine- 
ment in  the  state  prison  for  life,  at  the  discretion  of  the 
jury  trying  the  same;  or,  upon  a  plea  of  guilty,  the  court 
shall  determine  the  same;  and  every  person  guilty  of 
murder  in  the  second  degree  is  punishable  by  imprisonment 
in  the  state  prison  not  less  than  ten  years.  En.  February 
14,  1872.     Am'd.   1873-4,  457. 


§§  191-194  HOMICIDE.  100 

Cal.  Eep.  Cit.     49,  178;  49,  185:  58,  268;  58,  269;  59,  357; 

59,  432;   63,   170;   67,   114;   69,   176;   69,   177;   69,   179: 

90,  197;  105,  495;   129,  551;  134,  258. 

Death    penalty,    how    executed. — Whenever,    in    a    proper 

ease,   the  judgment   of   the  court   directs   the   death   of   the 

defendant,    the   punishment   in   this   state   is   inflicted,    "by 

hanging    the    defendant    by    the    neck    until    he    is    dead." 

Post,  sees.   1228,  1229. 

Punismment  for  life:  See  post,  §  671. 

§  191.  Petit  treason  abolished.  The  rules  of  the  com- 
mon law,  distinguishing  the  killing  of  a  master  by  his 
servant,  and  of  a  husband  by  his  wife,  as  petit  treason,  are 
abolished,  and  these  offenses  are  homicides,  punishable  in 
the  manner  prescribed  by  this  chapter.  En.  February  14, 
1872. 

§  192.  Manslaughter — voluntary  and  involuntary.  Man- 
slaughter is  the  unlawful  killing  of  a  human  being,  with- 
out malice.     It  is  of   two   kinds: 

1.  Voluntary — upon   a  sudden  quarrel  or  heat  of  passion. 

2.  Involuntary — in  the  commission  of  an  unlawful  act, 
not  amounting  to  felony;  or  in  the  commission  of  a  law- 
ful act  which  might  produce  death,  in  an  unlawful  manner, 
or  without  due  caution  and  circumspection.  En.  February 
14,  1872. 

Cal.  Eep.  Cit.     58,  268;  58,  269;  65,  212;  72,  620;  SO,  125; 
118,  156;   145,  721.     Subd.  2—129,  552. 

§  193.  Punishment  of  manslaughter.  Manslaughter  is 
punishable  by  imprisonment  in  the  state  prison  not  ex- 
ceeding ten  years.     En.  February  14,  1872. 

§  194,  Deceased  must  die  within  a  year  and  a  day.  To 
make  the  killing  either  murder  or  manslaughter,  it  is 
requisite  that  the  party  die  within  a  year  and  a  day  after 
the  stroke  received  or  the  cause  of  death  administered;   in 


101  HOMICIDE.  §§  195,  196 

the  computation  of  which   the   whole  of  the   day  on  which 
the  act  was  done  shall  be  reckoned  the  first.     En.  February 

14,  1872. 

Cal.  Eep.  Cit.     58,  268;   58,  269. 

§  195.  Excusable  homicide.  Homicide  is  excusable  in 
the  following  cases: 

1.  When  committed  by  accident  and  misfortune,  in  law- 
fully correcting  a  child  or  servant,  or  in  doing  any  other 
lawful  act  by  lawful  means,  with  usual  and  ordinary  cau- 
tion, and  without  any  unlawful  intent. 

2.  When  committed  by  accident  and  misfortune,  in  the 
heat  of  passion,  upon  any  sudden  and  sufficient  provo- 
cation, or  upon  a  sudden  combat,  when  no  undue  advantage 
is  taken,  nor  any  dangerous  weapon  used,  and  when  the 
killing  is  not  done  in  a  cruel  or  unusual  manner.  En. 
February  14,  1872. 

Cal.  Eep.  Cit.     49,  428;   58,  268;   58,  269;   80,   165. 
Burden  of  proving  homicide  excusable:   Post,  sec.  1105. 

§  196.  Justifiable  homicide  by  public  officers.  Homicide 
is  justifiable  when  committed  by  public  officers,  and  those 
acting  by  their  command  in  their  aid  and  assistance, 
either— 

1.  In  obedience  to  any  judgment  of  a  competent  court; 
or, 

2.  When  necessarily  committed  in  overcoming  actual  re- 
sistance to  the  execution  of  some  legal  process,  or  in  the 
discharge  of  any  other  legal  duty;  or, 

3.  When  necessarily  committed  in  retaking  felons  who 
have  been  rescued  or  have  escaped,  or  when  necessarily 
committed  in  arresting  persons  charged  with  felony,  and 
who  are  fleeing  from  justice  "or  resisting  such  arrest.  En. 
February  14,   1872. 

Cal.  Eep.  Cit.     58,  268;  58,  269. 

As  to  escapes:  See  ante,  sec.  105. 

Burden  of  proving  homicide  justifiable:  Post,  sec.  1105. 


§  197  HOMICIDE.  102 

§  197.  Justifiable  homicide  by  other  persons.  Homicide 
is  also  justifiable  when  committed  by  any  person  in  either 
of  the  following  cases: 

1.  When  resisting  any  attempt  to  murder  any  person,  or 
to  commit -a  felony,  or  to  do  some  great  bodily  injury  upon 
any  person;   or, 

2.  When  committed  in  defense  of  habitation,  property, 
or  person,  against  one  who  manifestly  intends  or  endeav- 
ors, by  violence  or  surprise,  to  commit  a  felony,  or  against 
one  who  manifestly  intends  and  endeavors,  in  a  violent, 
riotous,  or  tumultuous  manner,  to  enter  the  habitation  of 
another  for  the  purpose  of  offering  violence  to  any  person 
therein;   or, 

3.  When  committed  in  the  lawful  defense  of  such  per- 
son, or  of  a  wife  or  husband,  parent,  child,  master,  mis- 
tress, or  servant  of  such  person,  when  there  is  reasonable 
ground  to  apprehend  a  design  to  commit  a  felony  or  to 
do  some  great  bodily  injury,  and  imminent  danger  of  such 
design  being  accomplished;  but  such  person,  or  the  per- 
son in  whose  behalf  the  defense  was  made,  if  he  was  the 
assailant  or  engaged  in  mortal  combat  must  really  and  in 
good  faith  have  endeavored  to  decline  any  further  strug- 
gle before  the  homicide  was   committed;   or, 

4.  When  necessarily  committed  in  attempting,  by  lawful 
ways  and  means,  to  apprehend  any  person  for  any  felony 
committed  or  in  lawfully  suppressing  any  riot,  or  in  law- 
fully keeping  and  preserving  the  peace.  En.  February  14, 
1872. 

Cal.  Eep.  Cit.     58,  268;  58,  269;   60,  74;   61,  187;   61,  546; 

65,   133;   65,  134;   67,   649;   82,  40;   93,  488;    106,  631; 

133,  160;   141,  239.     Subd.  1—118,  443.     Subd.  2—89, 

170;   109,  461;   111,  626  ^  117,  196.     Subd.  3—58,  250; 

67,  650;  70,  523;  74,  645;  93,  488;  117,  190;  118,  269. 
Burden    of    proving    homicide    justifiable:    See    post,    sec. 
1105. 
Defense  of  habitation:  See  post,  sec.  198. 


103  MAYHEM.  §§  198-204 

Lawful  resistances,  by  whom  and  when  may  be  made: 
See  post,  sees.  692-694. 

Duty  to  assist  in  arrest  of  felon:  See  post, .sec.  837. 

§  198.  Bare  fear  not  to  justify  killing.  A  bare  fear  of 
the  commission  of  any  of  the  offenses  mentioned  in  subdi- 
visions two  and  three  of  the  preceding  section,  to  prevent 
which  homicide  may  be  lawfully  committed,  is  not  suffi- 
cient to  justify  it.  But  the  circumstances  must  be  suffi- 
cient to  excite  the  fears  of  a  reasonable  person,  and  the 
I'aity  killing  must  have  acted  under  the  influence  of  such 
fears  alone.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     58,  268;  58,  269;  61,  546;  65,  233;  118,  443. 

§  199.    Justifiable  and  excusable  homicide  not  punishable. 

The  homicide  appearing  to  be  justifiable  or  excusable,  the 
person  indicted  must,  upon  his  trial,  be  fully  acquitted  and 
discharged.     En.    February    14,    1872. 


CHAPTER    11. 

MAYHEM. 

§  203.     Mayhem   define'J. 

§  204.     Mayhem,    how   punishable. 

§  203.  Mayhem  defined.  Every  person  who  unlawfully 
and  maliciously  deprives  a  human  being  of  a  member  of 
his  body,  or  disables,  disfigures,  or  renders  it  useless,  or 
cuts  or  disables  the  tongue,  or  puts  out  an  eye,  or  slits  the 
nose,  ear,  or  lip,  is  guilty  of  mayhem.  En.  February  14, 
1872.     Am'd.    1873-4,    427. 

Cal.  Rep.  Cit.     62,  512;  93,  565;   93,  567;   105,  673. 

§  204.  Mayhem,  how  punishable.  Mayhem  is  punishable 
by  imprisonment  in  the  state  prison  not  exceeding  fourteen 
years.     En.  February  14,  1872. 


§§  207-209  KIDNAPING.  104 

CHAPTEE   m. 

KIDNAPING. 

§  207.    Kidnaping  defined. 

§  208.     Punishment   of   kidnaping. 

§  209.     Penalty  for  kidnaping. 

§  207.  Kidnaping  defined.  Every  person  who  forcibly 
steals,  takes,  or  arrests  any  person  in  this  state,  and  carries 
him  into  another  country,  state,  or  county,  or  into  another 
part  of  the  same  county,  or  who  forcibly  takes  or  arrests 
any  person,  with  a  design  to  take  him  out  of  this  state, 
without  having  established  a  claim,  according  to  the  laws 
of  the  United  States,  or  of  this  state,  or  who  hires,  per- 
suades, entices,  decoys,  or  seduces  by  false  promises,  mis- 
representations, or  the  like,  any  person  to  go  out  of  this 
state,  or  to  be  taken  or  removed  therefrom,  for  the  purpose 
and  with  the  intent  to  sell  such  person  into  slavery  or  in- 
voluntary servitude,  or  otherwise  to  employ  him  for  his  own 
use,  or  to  the  use  of  another,  without  the  free  will  and 
consent  of  such  persuaded  person;  and  every  person  who, 
being  oilt  of  this  state,  abducts  or  takes  by  force  or  fraud 
any  person  contrary  to  the  law  of  the  place  where  such  act 
is  committed,  and  brings,  sends,  or  conveys  such  person 
within  the  limits  of  this  state,  and  is  afterwards  found 
within  the  limits  thereof,  is  guilty  of  kidnaping.  En.  Feb- 
ruary  14,   1872.     Am'd.   1905,   653. 

Two  amendments:  inserting  the  words  "or  into  another  part  of  the 
sarae  county,"  and  inserting  beginning  with  the  word  "and"  and. 
ending  with  the  word  "thereof."  The  advisability  of  the  first  change 
is  shown  by  the  decision  of  the  Supreme  Court  in  Ex  parte  Kell, 
85  Cal.  309,  where  it  was  held  that  the  forcible  removal  of  a 
person  from  San  Pedro,  Los  Angeles  county,  to  Santa  Catallna 
island,  in  the  same  county,  did  not  constitute  kidnaping.  These 
changes  are  asked  for  by  the  District  Attorneys'  Association. — Code 
Commissioner's  Note. 

Cal.  Eep.  Cit.     85,  310;  89,  150. 

§  208.  Punishment  of  kidnaping.  Kidnaping  is  punish- 
able by  imprisonment  in  the  state  prison  not  less  than  one 
nor  more  than  ten  years.     En.  February  14,  1872. 

§  209.  Penalty  for  kidnaping.  Every  person  who  mali- 
ciously,   forcibly,    or    fraudulently    takes    or    entices    away 


105  ROBBERY.  §§  211-214 

any  person  with  intent  to  restrain  such  person  and  there- 
by to  commit  extortion  or  robbery,  or  exact  from  the  rela- 
tives or  friends  of  such  person  any  money  or  valuable 
thing,  is  guilty  of  a  felony,  and  shall  be  punished  therefor 
by  imprisonment  in  the  state's  prison  for  life,  or  any  num- 
ber of  years   not   less   than   ten.     En.   Stats.   1901,   98. 

CHAPTER   IV. 

ROBBERY. 
§  211.     Robbery  defined. 

§  212.    What  fear  may  be  an  element  in  robbery. 
§  213.     Punishment   of  robbery. 

§  214.     Going    on     trains,     or    -doing    any    act    thereon,     for    purpose    of 
robbery. 

§  211.  Bobbery  defined.  Eobbery  is  the  felonious  taking 
of  personal  property  in  the  possession  of  another,  from  his 
person  or  immediate  presence  and  against  his  will,  accom- 
plished by  means  of  force  or  fear.     En.  February  14,  1872. 

Cal.  Eep.  Cit.  53,  59;  56,  80;  59,  439;  67,  422;  75,  99; 
80,  207;  100,  439;  116,  586;  118,  26;  141,  490;  141, 
491;    141,  492;   146,   143. 

§  212.  What  fear  may  be  an  element  in  robbery.  The 
fear  mentioned  in   the  last  section  may  be  either — 

1.  The  fear  of  an  unlawful  injury  to  the  person  or  prop- 
erty of  the  person  robbed,  or  of  any  relative  of  his,  or 
member  of  his  family;  or, 

2.  The  fear  of  an  immediate  and  unlawful  injury  to 
the  person  or  property  of  any  one  in  the  company  of  the 
person  robbed  at  the  time  of  the  robbery.  En.  February 
14,  1872.     Am'd.  1873-4,  427. 

Cal.  Rep.  Cit.     146,  143. 

§  213.  Punishment  of  robbery.  Robbery  is  punishable 
by  imprisonment  in  the  state's  prison  not  less  than  one 
year.     En.  February  14,  1872. 

Cal.  Rep.  Cit.  59,  441;  60,  110;  61,  137;  69,  605;  118,  93; 
138,  161. 

§  214.  Going  upon  trains,  or  doing  any  act  thereof,  for 
the  purpose  of.     Every  person  who  goes  upon  or  boards  an^ 


/ 


// 


§  214  ROBBERY.  106 

railroad  train,  ear  or  engine,  with  the  intention  of  robbing 
any  passenger  or  other  person  on  such  train,  car  or  en- 
gine, of  any  personal  property  thereon  in  the  possession 
or  care  or  under  the  control  of  any  such  .  passenger  or 
other  person,  or  who  interferes  in  any  manner  with  any 
switch,  rail,  sleeper,  viaduct,  culvert,  embankment,  structure 
or  appliance  pertaining  to  or  connected  with  any  railroad,  or 
places  any  dynamite  or  other  explosive  substance  or  material 
upon  or  near  the  track  of  any  railroad,  or  who  sets  fire  to 
any  railroad  bridge  or  trestle,  or  who  shows,  masks,  extin- 
guishes or  alters  any  light  or  other  signal,  or  exhibits  or 
compels  any  other  person  to  exhibit  any  false  light  or  sig- 
nal, or  who  stops  any  such  train,  car  or  engine,  or  slackens 
the  speed  thereof,  or  who  compels  or  attempts  to  compel  any 
person  in  charge  or  control  thereof  to  stop  any  such  train, 
car  or  engine,  or  slacken  the  speed  thereof,  with  the  inten- 
tion of  robbing  any  passenger  or  other  person  on  such  train, 
ear  or  engine,  of  any  personal  property  thereon  in  the  pos- 
session or  charge  or  under  the  control  of  any  such  passenger 
or  other  person,  is  guilty  of  a  felony.     En.  Stats.  1905,  653. 

214,   218,   219.     Section   218   has  been   broken   up   into   three   sections. 

In  view  of  the  criticism  passed  by  the  Supreme  Court  in  the  case 
of  People  V.  Thompson,  111  Cal.  £42,  upon  section  21S,  and  the  sug- 
gestion of  that  court  that  the  section  be  revised,  there  have  been 
talcen  out  of  that  section  the  provisions  regarding  robbery  and  the 
same  have  been  amplified  and  made  a  new  section,  numbered  214,  to 
be  placed  in  Chapter  IV,  of  Title  VII,  of  Fart  1.  In  the  new  sec- 
tion the  punishment  Is  not  prescribed  as  death  or  Imprisonment  tor 
life  at  the  option  of  the  jui-y,  as  in  section  218;  but  the  grade  of 
the  offense  is  fixed  at  felony  simply,  it  having  been  found  that  the 
severity   of   the   punishment   results   in   failure   to   secure   convictions. 

Section  21S  as  amended  provides  only  for  attempted  wrecking  or 
derailment  of  railroad  trains,  and  fixes  the  grade  of  the  offense  as 
felony  simply,  the  matters  formerly  in  the  section  regarding  an  ac- 
complished or  consummated  wrecking  or  derailment  being  left  to  sec- 
tion 219,  and  the  provisions  regarding  robbery  being  provided  for  in 
section   214. 

Section  219  contains  the  matter  now  in  section  218  regarding  an 
accomplished  or  consummated  wrecking  or  derailment.  The  punish- 
ment is  left  at  death  or  imprisonment  for  life,  at  the  option  of  the 
jury,   as   now   provided   in   section   218. 

In  short,  these  three  sections  split  up  section  218  in  the  manner 
suggested  by  Judge  Garoutte  in  People  v.  Thompson,  111  Cal.  242, 
and  modify  the  penalty  of  train-wrecking  where  no  death  has  oc- 
curred, so  as  to  preclude  failures  to  convict  on  account  of  the  sever- 
ity of  the  penalty.— Code   Commissioner's  Note. 


106a  ATTEMPTS    TO    KILL.  §§  216-218 

CHAPTEE  V. 

ATTEMPTS    TO    KILL. 
§  216.    Administering  poison.  ' 

§  217.     Assault  witli  Intent  to  commit  murder. 
§  218.    Train-wrecking,    intention   of,    punishment   for. 
§  219.    Railroad    trains,    when    wrecked;    punishment. 

§  216.  Administering  poison.  Every  person  who,  with 
intent  to  kill,  administers,  or  causes  or  procures  to  be  ad- 
ministered, to  another,  any  poison  or  other  noxious  or  de- 
structive substance  or  liquid,  but  by  which  death  is  not 
caused,  is  punishable  by  imprisonment  in  the  state  prison 
not  less  than  ten  years.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     53,  148;  54,  54. 

Administering  stupefyibg  drugs:  Post,  sec.  222. 

§  217.  Assault  with  intent  to  commit  murder.  Every 
person  who  assaults  another  with  intent  to  commit  mur- 
der, is  punishable  by  imprisonment  in  the  state  prison 
not  less  than  one  nor  more  than  fourteen  years.  En. 
February  14,  1872, 

Cal.  Eep.  Cit.     80,  44;   99,  232. 

Assault  with  intent  to  commit  other  felonies:  Post,  sec. 
221. 

Assault  with  deadly  weapon:  Post,  sec.  245. 

§  218.  Train-wrecking,  intention  of,  punishment  for. 
Every  person  who  unlawfully  throws  out  a  switch,  removes 
a  rail,  or  places  any  obstruction  on  any  railroad  with  the 
intention  of  derailing  any  passenger,  freight  or  other  train, 
car  or  engine,  or  who  unlawfully  places  any  dynamite  or 
other  explosive  material  or  any  other  obstruction  upon  or 
near  the  track  of  any  railroad  with  the  intention  of  blowing 
up  or  derailing  any  such  train,  car  or  engine,  or  who  unlaw- 
fully sets  fire  to  any  railroad  bridge  or  trestle,  over  which 
any  such  train,  car  or  engine  must  pass,  with  the  intention 
of  wrecking  such  train,  car  or  engine,  is  guilty  of  a  felony. 
En.  Stats.  1891,  283.     Am'd.  1905,  654. 

See  note  to  §  214,  ante. 


§§  219-221  OTHER   ASSAULTS.  106b 

§  219.  Railroad  trains,  when  wrecked;  punislunent. 
Every  person  who  unlawfully  throws  out  a  switch,  removes 
a  rail,  or  places  any  obstruction  on  any  railroad  with  the  in- 
tention of  derailing  any  passenger,  freight  or  other  train, 
car  or  engine  and  thus  derails  the  same,  or  who  unlawfully 
places  any  dynamite  or  other  explosive  material  or  any  other 
obstruction  upon  or  near  the  track  of  any  railroad  with  the 
intention  of  blowing  up  or  derailing  any  such  train,  car  or 
engine  and  thus  blows  up  or  derails  the  same,  or  who  unlaw- 
fully sets  fire  to  any  railroad  bridge  or  trestle  over  which 
any  such  train,  car  or  engine  must  pass  with  the  intention 
of  wrecking  such  train,  car  or  engine,  and  thus  wrecks  the 
same,  is  guilty  of  a  felony  and  punishable  with  death  or  im- 
prisonment in  the  state  prison  for' life  at  the  option  of  the 
jury  trying  the  case.     En.  Stats.  1905,  655. 

See  note  to  §  214,  ante. 

Cal.  Eep.  Cit.     Ill,  244. 

CHAPTEE  VI. 

ASSAULTS    WITH    INTENT    TO    COMMIT    FELONY.    OTHER    THAN 
ASSAULTS  WITH   INTENT   TO   MURDER. 

§  220.     Assault   with   intent   to   commit  rape. 

§  221.     Other  assaults. 

§  222.     AJministering    stupefying    drugs. 

§  220.  Assault  with  intent  to  commit  rape.  Every  per- 
son who  assaults  another  with  intent  to  commit  raj)e,  the 
infamous  crime  against  nature,  mayhem,  robbery,  or  grand 
larceny,  is  punishable  by  imprisonment  in  the  state  prison, 
not  less  than  one  nor  more  than  fourteen  years.  En.  Feb- 
ruary 14,  1872. 

Cal.  Eep.  Cit.     53,  629;  65,  299;  93,  583;  98,  128;  106,  214; 

109,  276;   119,  386;   136,  524;   143,  634. 
Eape:  See  post,  sec.  261. 

§  221.  Other  assaults.  Every  person  who  is  guilty  of  an 
assault,    with    intent    to    commit    any    felony,    except    an 


107  DUELS    AND    CHALLENGES.  §§  222-226 

assault  with  intent  to  commit  murder,  the  punishment  for 
which  assault  is  not  prescribed  by  the  preceding  section  is 
punishable  by  imprisonment  in  the  state  prison  not  ex- 
ceeding five  years,  or  in  a  county  jail  not  exceeding  one 
year,  or  by  fine  not  exceeding  five  hundred  dollars,  or  by 
both.     En.  February  14,  1872.       - 

Cal.  Eep.  Git.     61,  622. 

Assault  generally:     Post,  sec.  240. 

Assault  to  murder:     Ante,  sec.  217. 

Assault  to  commit  rape:     Ante,  sec.  220. 

Assault  with  deadly  weapon:     Post,  sec.  245. 

§  222.  Administering  stupefying  drugs.  Every  person 
guilty  of  administering  to  another  any  chloroform,  ether, 
laudanum,  or  other  narcotic,  anaesthetic,  or  intoxicating 
agent,  with  interest  thereby  to  enable  or  assist  himself  or 
any  other  person  to  commit  a  felony,  is  guilty  of  felony. 
En.  February  14,  1872. 

Administering  poison:     Ante,  sec.  216. 

CHAPTEE  Vn. 

DUELS    AND    CHALLENGES. 

§  225.  Duel   defined. 

§  226.  Punishment  for  fighting  a  duel,   when  death  ensues. 

§  227.  Punishment   for   fighting  a   duel,   although   death   does  not   ensue. 

§  22S.  Persons  fighting  vluels,   etc.,   disqualified   from  holding  ofllce,   etc. 

§  229.  Posting  for  not  fighting. 

§  2.30.  Duties  of  officers  to   prevent  duels. 

§  231.  Leaving   the   state   with   intent   to   evade   laws   against   dueling. 

§  2.32.  Witness'    privilege. 
<» 

§  225.  Duel  defined.  A  duel  is  any  combat  with  deadly 
weapons,  fought  between  two  or  more  persons  by  previous 
agreement  or  upon  a  previous  quarrel.  En.  February  14, 
1872. 

§  226.  Punishment  for  fighting  a  duel,  when  death  en- 
sues. Every  person  guilty  of  fighting  any  duel,  from  which 
death   ensues   within   a  year   and   a   day,   is   punishable   by 


§§  227-230  DUELS   AND    CHALLENGES.  108 

imprisonment  in  the  state  prison  not  less  than  one  nor  more 
than  seven  years.     En.  February  14,  1872. 

§  227.  Punishment  for  fighting  a  duel,  although  death 
does  not  ensue.  Every  person  who  fights  a  duel,  or  who 
sends  or  accepts  a  challenge  to  fight  a  duel,  is  punishable 
by  imprisonment  in  the  state  prison  or  in  a  county  jail 
not  exceediiig  one  year.  En.  February  14,  1872.  Am'd. 
1873-4,  428. 

§  228.  Persons  fighting  duels,  etc.,  disqualified  from  hold- 
ing office,  etc.  Any  citizen  of  this  state  who  shall  fight 
a  duel  with  deadly  weapons,  or  send  or  accept  a  challenge 
to  fight  a  duel  with  deadly  weapons,  either  within  this  state 
or  out  of  it,  or  who  shall  act  as  second,  or  knowingly  aid 
or  assist  in  any  manner  those  thus  offending,  shall  not  be 
allowed  to  hold  any  office  of  profit,  or  to  enjoy  the  right 
of  suffrage,  and  shall  be  declared  so  disqualified  in  the  judg- 
ment, upon  conviction.  En.  February  14,  1872.  Am'd. 
1873-4,  428;  1880,  8. 

Disqualifications:     See    Const.    Cal.,    art.   XX,   sec.    2. 

Eemedies  by  action  for  injuries  arising  from  dueling: 
See  Civ.  Code,  sees.  3347,  3348. 

§  229.  Posting  for  not  fighting.  Every  person  who  posts 
or  publishes  another  for  not  fighting  a  duel,  or  for  not 
sending  or  accepting  a  challenge  to  fight  a  duel,  or  who 
uses  any  reproachful  or  contemptuous  language,  verbal, 
written,  or  printed,  to  or  concerning  another,  for  not  send- 
ing or  accepting  a  challenge  to  fight  a  duel,  or  with  intent 
to  provoke  a  duel,  is  guilty  of  a  misdemeanor.  En.  Feb- 
ruary 14,  1872. 

§  230.  Duties  of  oflacers  to  prevent  duels.  Every  judge, 
justice  of  the  peace,  sheriff,  or  other  officer  bound  to  pre- 
serve the  public  peace,  who  has  knowledge  of  the  intention 
on  the  part  of  any  persons  to  fight  a  duel,  and  who  does 
not  exert  his  official  authority  to  arrest  the  party  and  pre- 


109  FALSE     IMPRISONMENT.  §§  ZSl-'ASl 

vent  the  duel,  is  punishable  by  fine  not  exceeding  one  thou- 
sand dollars.     En.   February   14,   1872. 

§  231.  Leaving  the  state  with  intent  to  evade  laws 
against  dueling.  Every  person  who  leaves  this  state  with 
intent  to  evade  any  of  the  provisions  of  this  chapter,  and 
to  commit  any  act  out  of  this  state  such  as  is  prohibited  by 
this  chapter,  and  who  does  any  act,  although  out  of  this 
state,  which  would  be  punishable  by  such  provisions  if 
committed  within  this  state,  is  punishable  in  the  same  man- 
ner as  he  would  have  been  in  case  such  act  had  been  com- 
mitted within  this  state.     En.  February  14,  1872. 

§  232.  Witness's  privilege.  No  person  shall  be  excused 
from  testifying  or  answering  any  question  upon  any  in- 
vestigation or  trial  for  a  violation  of  either  of  the  provis- 
ions of  this  chapter,  upon  the  ground  that  his  testimony 
might  tend  to  convict  him  of  a  crime.  But  no  evidence 
given-  upon  any  elimination  of  a  person  so  testifying  shall 
be  received  against  him  in  any  criminal  prosecution  or  pro- 
ceeding.    En.  February  14,  1872. 

CHAPTER  Vin.  ■ 

FALSE   IMPRISONMENT. 

§  236.    False  imprisonment  defined. 

§  237.    False   imprisonment,    how   punished. 

§  236.  False  imprisonment  defined.  False  imprisonment 
is  the  unlawful  violation  of  the  personal  liberty  of  another. 
En.   February  14,  1872. 

Cal.  Eep.  Cit.     73,  256;   77,  570;   77,  571;  85,  312. 
Reconfining    person    discharged    on    habeas    corpus:    Post, 
sec.    363. 

§  237.  False  imprisonment,  how  punished.  False  im- 
prisonment is  punishable  by  fine  not  exceeding  five  hun- 
dred dollars,  or  by  imprisonment  in  the  county  jail  not 
more   than  one  year,  or  by  both.     If  such  false   imprison- 


§§  240-242  ASSAULT  AND   BATTERT.  UO 

ment  be   effected  by  violence,   menace,   fraud,  or   deceit,   it 
shall    be    punishable    by   imprisonment   in    the   state    prison 
for  not   less   than  one  nor  more   than  ten  years.     En.  Feb- 
ruary 14,  1872.     Am'd.  1901,  53. 
Cal.   Eep.   Cit.     85,   312. 

CHAPTEE  IX. 

ASSAULT    AND    BATTERT. 

§  240.  Assault  -deflned. 

§  241.  Assault,   how  punished. 

§  242.  Battery   defined. 

§  243.  Battery,    how   punished. 

§  244.  Assaults   with    caustic    chemicals. 

§  245.  Assaults    with    deadly   weapons. 

§  246.  Death   penalty   for  assault  by  life  convict. 

§  240.  Assaul'j  defined.  An  assault  is  an  unlawful  at- 
tempt, coupled  with  a  present  ability,  to  commit  a  violent 
injury  on  the  person  of  another.     En.  February  14,  1872. 

Cal.  Eep.  Cit.  59,  630;  61,  621;  65,  212;  66,  367;  69-,  604; 
70,  468;   77,  636;  119,  385;  119,  386;  145,  140. 

§  241.  Assault,  how  punished.  An  assault  is  punishable 
by  fine  not  exceeding  five  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  not  exceeding  three  months.  En. 
February  14,  1872. 

Cal.  Eep.   Cit.     61,  622;   71,  624;   88,  580. 

Assault   with   deadly   weapon;   Post,   sec.   245. 

Assault  with  intent  to  commit  rape  or  crime  against 
nature:   Ante,  sec.  220. 

Assault  with  intent  to  rob,  to  commit  mayhem,  or  grand 
larceny:   See  ante,  sec.  220. 

Assault  to  murder:  See  ante,  sec.  217. 

Jurisdiction  of  police  court  over  assault:  See  Pol.  Code, 
sec.  4426. 

§  242.  Battery  defined.  A  battery  is  any  willful  and  un- 
lawful use  of  force  or  violence  upon  the  person  of  an- 
other.    En.  February  14,  1872. 

Cal.  Eep.  Cit.     61,  622;  65,  213. 


Ill  ASSAULT  AND   BATTERY.  §§  243-^46 

§  243.  Battery,  how  punished.  A  battery  is  punishable 
by  fine  of  not  exceeding  one  thousand  dollars,  or  by  im- 
prisonment in  the  county  jail  not  exceeding  six  months,  or 
'by  both.  En.  February  14,  1872.  Am'd.  1873-4,  428;  1875-6, 
110;  1881,  11. 

Call.  Eep.  Cit.     60,  438;  61,  622;  65,  156;   65,  213. 

§  244.  Assaults  with  caustic  chemicals.  Every  person 
who  willfully  and  maliciously  places  or  throws,  or  causes 
to  be  placed  or  thrown,  upon  the  person  of  another,  any 
vitriol,  corrosive  acid,  or  caustic  chemical  of  any  nature, 
with  the  intent  to  injure  the  flesh  or  disfigure  the  body 
of  such  person,  is  punishable  by  imprisonment  in  the  state 
prison  not  less  than  one  nor  more  than  fourteen  years. 
Kn.  February  14,  1872. 

Cal.  Rep.  Cit.     106,  140. 

§  245.  Assaults  with  deadly  weapons.  Every  person  who 
commits  an  assault  upon  the  person  of  another  with  a 
deadly  weapon  or  instniment,  or  by  any  means  or  force 
likely  to  produce  great  bodily  injury,  is  punishable  by  im- 
prisonment in  the  state  prison,  or  in  a  county  jail,  not  ex- 
ceeding two  years,  or  by  fine  not*  exceeding  five  thousand 
dollars,  or  by  both.  En.  February  14,  1872.  Am'd.  1873-4, 
428. 

Cal.  Rep.  Cit.     53,  428;  61,  488;  61,  622;  64,  342;  65,  213; 

65,   475;    65,   541;    65,   542;    70,   2;    78,   305;    81,    119; 

81,   651;   99,   232;   116,   686;    118,   389;   125,   343;    125, 

344;    126,   681;   141,  582. 

§  246.  Death  penalty  for  assault  by  life  convict.  Every 
person  undergoing  a  life  sentence  in  a  state  prison  of 
this  state,  who,  with  malice  aforethought,  commits  an  as- 
sault upon  the  person  of  another  with  a  deadly  weapon 
or  instrument,  or  by  any  means  or  force  likely  to  produce 
great  bodily  injury,  is  punishable  with  death.  En.  Stats. 
1901,  6. 


§§  248-251 


CHAPTEB  X. 

LIBEL. 

§  24S.  Libel   defined. 

§  249.  Punishment   of   libel. 

§  250.  Malice  presumed. 

§  251.  Truth    may    be    given    in    evidence.    Jury    to    determine    law   anrl 

fact. 

§  252.  Publication  defined. 

§  2.53.  Liability   of   editors   and   publishers. 

§  254.  True   reiKirt  of  public  official  proceedings  privileged. 

§  255.  Extent  of  privilege.' 

§  256.  Other  privileged  communications. 

§  257.  Threatening   to   publish   libel.    Offer  to   prevent. 

§  2.58.  Cartoon  or  caricature,   publication  of. 

§  259.  Newspaper  articles  to  be  signed. 

§  248.  Libel  defined.  A  libel  is  a  malicious  defamation, 
expressed  either  by  writing,  printing,  or  by  signs  or  pic- 
tures, or  the  like,  tending  to  blacken  the  memory  of  one 
who  is  dead,  or  to  impeach  the  honesty,  integrity,  virtue, 
or  reputation,  or  publish  the  natural  or  alleged  defects  of 
one  who  is  alive,  and  thereby  to  expose  him  to  public 
hatred,  contempt,  or  ridicule.  En,  February  14,  1872.  Am'd. 
1873-4,  428. 

Cal.  Kep.   Cit.     73,   122;   139,  119. 

Libel  defined:  See  Civ.  Code,  sec.  45. 

§  249.  Punishment  of  libel.  Every  person  who  willfully 
and  with  a  malicious  intent  to  injure  another,  publishes 
or  procures  to  be  published  any  libel,  is  punishable  by  fine 
not  exceeding  five  thousand  dollars,  or  imprisonment  in  the 
county  jail  not  exceeding  one  year.     En.  February  14,  1872. 

§  250.  Malice  presumed.  An  injurious  publication  is 
presumed  to  have  been  malicious  if  no  justifiable  motive 
for   making  it   is  shown.     En.  February  14,   1872. 

Malice  defined:   See  ante,  sec.  7,  subd.  4. 

§  251.  Truth  may  be  given  in  evidence.  Jury  to  deter- 
mine law  and  fact.  In  all  criminal  prosecutions  for  libel, 
the    truth   may   be    given   in   evidence   to    the   jury,    and   if 


113  LIBEL.  §§  252-255 

it  appears  to  the  jury  that  the  matter  charged  as  libelous 
is  true,  and  was  published  with  good  motives  and  for 
justifiable  ends,  the  party  shall  be  acquitted.  The  jury 
have  the  right  to  determine  the  law  and  the  fact.  En. 
February  14,  1872. 

Constitutional  provision  is  the  same:  Art.  I,  sec.  9. 

§  252.  Publication  defined.  To  sustain  a  charge  of  pub- 
lishing a  libel,  it  is  not  needful  that  the  words  or  things 
complained  of  should  have  been  read  or  seen  by  another. 
It  is  enough  that  the  accused  knowingly  parted  with  the 
immediate  custody  of  the  libel,  under  circumstances  which 
exposed  it  to  be  read  or  seen  by  any  other  person  than 
himself.     En.   February  14,   1872. 

Cal.  Eep.  Cit.     122,  93;  122,  94. 

§  253.  Liability  of  editors  and  publishers.  Each  author, 
editor,  and  proprietor  of  any  book,  newspaper,  or  serial 
publication,  is  chargeable  with  the  publication  of  any  words 
contained  in  any  part  of  such  book,  or  number  of  such 
newspaper    or    serial.     En.    February    14,    1872. 

See  Const.  Cal.,  art.  I,  sec.  9. 

§  254.  True  report  of  public  oflacial  proceedings  priv- 
ileged. No  reporter,  editor,  or  proprietor  of  any  news- 
paper is  liable  to  any  prosecution  for  a  fair  and  true  re- 
port of  any  judicial,  legislative  or  other  public  oflicial 
proceedings,  or  of  any  statement,  speech,  argument,  or 
debate  in  the  course  of  the  same,  except  upon  proof  of 
malice  in  making  such  report,  which  shall  not  be  im- 
plied from  the  mere  fact  of  publication.  En.  February  14, 
1872. 

§  255.     Extent    of    privilege.     Libelous    remarks    or    com- 
ments connected  with  matter  privileged  by  the  last  section 
receive  no  privilege  by  reason  of  their  being  so   connected. 
En.  February  14,  1872. 
Pen.  Code— 8 


§§  256-258  LIBEL.  U4 

§  256.  Other  privileged  communications.  A  communica- 
tion made  to  a  person  interested  in  the  communication,  by 
one  who  was  also  interested  or  who  stood  in  such  relation, 
to  the  former  as  to  afford  a  reasonable  ground  for  sup- 
posing his  motive  innocent,  is  not  presumed  to  be  malicious, 
and  is  a  privileged  communication.     En.  February  14,  1872. 

§  257.  Threatening  to  publish  libel.  Offer  to  prevent. 
Every  person  who  threatens  another  to  publish  a  libel  con- 
cerning him,  or  any  parent,  husband,  wife,  or  child  of  such 
person,  or  member  of  his  family,  and  every  person  who 
offers  to  prevent  the  publication  of  any  libel  upon  another 
person,  with  intent  to  extort  any  money  or  other  valuable 
consideration  from  any  person,  is  guilty  of  a  misdemeanor. 
En.  February  14,  1872. 

§  258.  Cartoon  or  caricature,  publication  of.  It  shall  be 
unlawful  to  publish  in  any  newspaper,  handbill,  poster, 
book  or  serial  publication,  or  supplement  thereto,  the  por- 
trait of  any  living  person  a  resident  of  California  other 
than  that  of  a  person  holding  a  public  office  in  this  state, 
without  the  written  consent  of  such  person  first  had  and 
obtained;  provided,  that  it  shall  be  lawful  to  publish  the 
portrait  of  a  person  convicted  of  a  crime.  It  shall  like- 
wise be  unlawful  to  publish  in  any  newspaper,  handbill, 
poster,  book  or  serial  publication  or  supplement  thereto, 
any  caricature  of  any  person  residing  in  this  state,  which 
caricature  will  in  any  manner  reflect  upon  the  honor,  integ- 
rity, manhood,  virtue,  reputation,  or  business  or  political 
motives  of  the  person  so  caricatured,  or  which  tends  to 
expose  the  individual  so  caricatured  to  public  hatred,  ridi- 
cule or  contempt.  A  violation  of  this  section  shall  be  a 
misdemeanor,  and  shall  be  punished  by  a  fine  of  not  less 
than  one  hundred  dollars,  nor  more  than  five  hundred  dol- 
lars, or  by  imprisonment  in  the  county  jail  for  not  less  than 
one  month  nor  more  than  six  months,  or  by  both  such  fine 
and  imprisonment.     All  persons   concerned  in   said  publica- 


tion,  either  as  owner  or  manager,  editor,  or  publisher,  or 
engraver,  are  each  liable  for  said  publication.  Actions  for 
the  violation  of  this  section  shall  be  tried  in  the  county 
where  such  newspaper,  handbill,  poster,  book,  or  serial 
publication  or  supplement  is  printed  or  has  its  publication 
office,  or  in  the  county  where  the  person  whose  portrait 
or  caricature  is  published  resides  at  the  time  of  the  alleged 
publication.     En.  Stats.  1899,  28. 

§  259.  Newspaper  articles  to  be  signed.  Every  article, 
statement,  or  editorial,  contained  in  any  newspaper  or 
other  printed  publication,  printed  or  published  in  this 
state,  which  by  writing  or  printing  tends  to  blacken  the 
memory  of  one  who  is  dead,  or  to  impeach  the  honesty,  in- 
tegrity, virtue  or  reputation,  or  publish  the  natural  or  al- 
leged defects  of  one  who  is  alive,  and  thereby  expose  him 
or  her  to  public  hatred,  contempt  or  ridicule,  must  be  sup- 
plemented by  the  true  name  of  the  writer  of  such  article, 
statement,  or  editorial,  signed  or  printed  at  the  end  thereof. 
Any  owner,  proprietor  or  publisher  of  any  newspaper  or 
other  printed  publication  printed  or  published  in  this  state 
who  shall  publish  any  such  article,  statement,  or  editorial 
in  any  printed  publication,  printed  or  published  in  this 
state,  which  is  not  so  supplemented  by  the  true  name  of 
the  writer  thereof,  signed  or  printed  at  the  end  thereof  as 
required  by  this  section,  shall  forfeit  the  sum  of  one  thou- 
sand dollars  for  each  and  every  article,  statement,  or 
editorial  so  published  in  violation  of  the  requirements  of 
this  section,  which  said  sum  so  forfeited  may  be  sued  for 
and  recovered  against  any  such  owner,  publisher,  or  pro- 
prietor so  violating  this  section,  in  a  civil  action  by  and 
in  the  name  of  any  person  who  may  bring  action  therefor, 
one  half  of  the  recovery  to  be  paid  into  the  treasury  of  this 
state  by  the  plaintiff  and  the  other  half  to  be  retained  by 
the  plaintiff  in  such  action.  If,  in  any  such  action,  it  shall 
appear  by  affidavit  to  the  satisfaction  of  the  court  where 
such    action   is   commenced   that    a   defendant    has   made    a 


§  259  LIBEL..  116 

publication  in  violation  of  this  section  witMn  this  state, 
and  that  after  due  diligence  such  defendant  cannot  be 
found  within  this  state,  or  is  a  foreign  corporation,  the 
court  must  direct  an  attachment  in  such  action  to  issue 
against  the  property  of  such  defendant,  and  thereupon  such 
attachment  shall  issue  and  be  executed  as  in  other  cases 
where  by  law  an  attachment  is  provided  for.  Where  the 
work  of  any  author  is  contained  in  a  book  or  pamphlet 
it  shall  be  sufficient  that  the  name  of  the  author  be  printed 
upon  the  cover,  or  upon  a  leaf  therein,  and  where  any  pub- 
lisher in  the  regular  course  of  business  publishes  as  news, 
telegraphic  dispatches  not  furnished  or  forwarded  by  its 
or  his  own  correspondent  or  correspondents,  but  furnished 
and  forwarded  by  telegraph  as  news  by  a  telegraphic  news 
agency,  established  and  engaged  in  forwarding  telegraphic 
news  to  various  different  publishers  as  a  business,  and 
having  an  established  business  name  as  such  a  news  agency, 
it  shall  be  sufficient  as  to  such  dispatches  that  the  said 
business  name  of  such  telegraphic  news  agency  be  printed 
in  connection  with  such  dispatches  as  the  forwarder  of  the 
same.     En.    Stats.    1899,    155. 


RAPE,  ABDUCTION,  SEDUCTION,  ETC. 


TITLE  IX. 

OF    CEIMES    AGAINST    THE    PERSON    AND    AGAINST 
PUBLIC  DECENCY  AND  GOOD  MOEALS. 

Chapter  I.     Rape,  Abduction,  Carnal  Abuse  of  Children,  and 
Seduction,  §§  261-269b. 
n.     Abandonment,    and    Neglect     of     Children,     §§ 

270-273e. 
in.     Abortions,  §§  274,  275. 
IV.     Child-stealing,  §  278. 
V.     Bigamy,  Incest,  and  the  Crime  against  Nature, 

§§  281-288. 
VI.     Violating    Sepulture    and    the    Remains    of    the 
Dead,  §§  290-297. 
VII.     Crimes    against    Religion    and    Conscience,    and 
other  Offenses  against   Good   Morals,   §§   299- 
3101/2. 
VEIL     Indecent       Exposure,       Obscene       Exhibitions, 
Books,  and  Prints,  and  Bawdy  and  Other  Dis- 
orderly Houses,  §§  311-318. 
IX.     Lotteries,  §§  319-326. 

X.     Gaming,  §§  330-337. 
XI.     Pawnbrokers,  §§  338-344. 
XII.     Other  Injuries  to  Persons,  §§  346-367a. 

CHAPTER  I. 

RAPE,    ABDUCTION,    CARNAL,    ABUSE    OF    CHILDREN,    AND    SE- 

DU8TION. 
§  261.    Rape   defined. 

§  262.    When  physical  abilfty  must  be  proved. 
§  263.     Penetration    sufficient. 
§  264.    Punishment  of  rape. 
§  265.    Abduction   of  women. 
§  266.     Seduction  for  purposes  of  prostitution. 
§  26€a.  Taking  female  for  purpose  of  prostitution. 

§  266b.  Taking   female  by   force,    duress,    etc.,    to   live    in   illicit   relation. 
§  266c.  Bringing  or  landing   Chinese  or  Japanese   women   for  purpose   of 

selling. 
§  266d.  Placing  female  In  custody  for  purpose  of  cohabitation. 
§  266e.  Paying   for   female   for   purpose   of   prostitution. 
§  266f.  Selling   female   for  immoral  purposes. 
§  266g.  Placing    or    permitting    the    placing    of    one's    wife    in    house    of 

prostitution. 
§  267.     Abduction. 

§  26S.    Seduction    under   promise   of   marriage. 
§  269.    Intermarriage   subsequent  to   seduction. 
§  269a.  Open  and  notorious  fornication   and  adultery. 
§  269b.  Open    and    notorious    adultery    of    married    persons.    Proof. 


§§  261-263  RAPE,    ABDUCTION,    SEDUCTION,    ETC.  118 

§  261.  Eape  defined.  Eape  is  an  act  of  sexual  inter- 
course, accomplished  with  a  female  not  the  wife  of  the 
perpetrator,  under  either  of  the  following  circumstances: 

1.  Where  the  female  is  under  the  age  of  sixteen  years; 

2.  Where  she  is  incapable,  through  lunacy  or  other  un- 
soundness of  mind,  whether  temporary  or  permanent,  of 
giving  legal  consent; 

3.  Where  she  resists,  but  her  resistance  is  overcome  by 
force  or  violence; 

4.  Where  she  is  prevented  from  resisting  by  threats  of 
great  and  immediate  bodily  harm,  accompanied  by  ap- 
parent power  of  execution,  or  by  any  intoxicating  narcotic, 
or  anaesthetic  substance,  administered  by  or  with  the  priv- 
ity of  the  accused; 

5.  Where  she  is  at  the  time  unconscious  of  the  nature  of 
the  act,  and  this  is  known  to  the  accused; 

6.  Where  she  submits  under  the  belief  that  the  person 
committing  the  act  is  her  husband,  and  this  belief  is  in- 
duced by  any  artifice,  pretense,  or  concealment  practiced 
by  the  accused,  with  intent  to  induce  such  belief.  En. 
February  14,  1872.     Am'd.  1889,  223;   1897,  201. 

Cal.  Eep.  Cit.     63,  615;  70,  468;  75,  324;  94,  311;  106,  213; 

106,  214;  112,  672;  138,  468;  143,  317;  146,  304.     Subd. 

1—129,    121;    133,    23.     Subd.    2—117,    585;    129,    121. 

Subd.  3—70,  473;  129,  121.     Subd.  4—70,  473;  129,  121. 

Subd.  5—129,  121.     Subd.  6—129,  121. 
Assault  with  intent  to  commit:     See  ante,  sec.  220. 

§  262.  When  physical  ability  must  be  proved.  No  con- 
viction for  rape  can  be  had  against  one  who  was  under 
the  age  of  fourteen  years  at  the  time  of  the  act  alleged, 
unless  his  physical  ability  to  accomplish  penetration  is 
proved  as  an  independent  fact,  and  beyond  a  reasonable 
doubt.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     98,  353. 

§  263.  Penetration  sufficient.  The  essential  guilt  of  rape 
consists  in  the  outrage  to  the  person  and  feelings  of 
the  female.  Any  sexual  penetration,  however  slight,  is 
sufficient  to  complete  the  crime.     En.  Fetjruary  14,  1872. 

Cal.  Eep.  Cit.     133,  23;  143,  317. 


119  EAPE,    ABDUCTION,    SEDUCTION,    ETC.  §§  264-266a 

§  264,  Punishment  of  rape.  Eape  is  punishable  by  im- 
prisonment in  the  state  prison  not  less  than  five  years.  En. 
February  14,  1872. 

Cal.  Eep.  Cit.     98,  129. 

§  265.  Abduction  of  women.  Every  person  who  takes 
any  woman  unlawfully,  against  her  will,  and  by  force,  men- 
ace, or  duress,  compels  her  to  marry  him,  or  to  marry  any 
other  person,  or  to  be  defiled,  is  punishable  by  imprison- 
ment in  the  state  prison  not  less  than  two  nor  more  than 
fourteen  years.     En.  February  14,  1872. 

§  266.  Seduction  for  purposes  of  prostitution.  Every 
person  who  inveigles  or  entices  any  unmarried  female,  of 
previous  chaste  character,  under  the  age  of  eighteen  years, 
into  any  house  of  ill-fame,  or  of  assignation,  or  elsewhere, 
for  the  purpose  of  prostitution,  or  to  have  illicit  carnal 
connection  with  any  man;  and  every  person  who  aids  or 
assists  in  such  inveiglement  or  enticement;  and  every  per- 
son who,  by  any  false  pretenses,  false  representation,  or 
other  fraudulent  means,  procures  any  female  to  have  illicit 
carnal  connection  with  any  man,  is  punishable  by  imprison- 
ment in  the  state  prison  not  exceeding  five  years,  or  by  im- 
prisonment in  the  county  jail  not  exceeding  one  year,  or  by 
a  fine  not  exceeding  one  thousand  dollars,  or  by  both 
such  fine  and  imprisonment.  En.  February  14,  1872.  Am'd. 
1873-4,  429. 

Cal.  Eep.  Cit.     49,  10;  87,  286;   119,  594. 

See  "Act  to  punish  seduction,"  1872,  post.  Appendix,  title 
Seduction,  and  "Act  to  punish  adultery,"  1872:  See  post. 
Appendix,  title  Adultery.  '  , 

Act  to  prevent  prostitution:  See  post.  Appendix,  title 
Prostitution. 

Act  to  prevent  placing  married  women  in  house  of  ill- 
fame:     See  post.  Appendix,  title  Prostitution. 

§  266a.     Taking     female     for     purpose     of     prostitution. 

Every  person  who,  within  this  state,  takes  any  female  per- 
son against  her  will  and  without  her  consent,  or  with  her 
consent  procured  by  fraudulent  inducement  or  misrepresenta- 
tion, for  the  purpose  of  prostitution,  is  punishable  by  im- 
prisonment in  the  state  prison  not  exceeding  five  years,  and 


§§  266b-266e    RAPE,    ABDUCTION,    SEDUCTION,    ETC.  120 

a  fine  not  exceeding  one  thousand  dollars.     En.  Stats.  1905, 
655. 

266a,  266b,  266c.  266d,  266e,  266f.  The  statute  of  1S93,  page  217,  regarding 
the  compulsory  prostitution  of  women,  is  codified  in  the  above-named 
sections.  The  penalties  here  set  forth  in  sections  266d,  266e,  and  266f, 
are  those  of  a  felony  instead  of  the  various  penalties  set  forth  in 
the  corresponding  sections  of  the  statute  codified.— Code  Commission- 
er's Note. 

§  2661).  Taking  a  female  by  force,  duress,  etc.,  to  live  in 
an  illicit  relation.  Every  person  who'  takes  any  female  per- 
son unlawfully,  and  against  her  will,  and  by  force,  menace, 
or  duress,  compels  her  to  live  with  him  in  an  illicit  relation, 
against  her  consent,  or  to  so  live  with  any  other  person,  is 
punishable  by  imprisonment  in  the  state  prison  not  less  than 
two  nor  more  than  four  years.     En.  Stats.  1905,  655. 

See  note  to  §  266a,  ante. 

§  266c.  Bringing  or  landing  Chinese  or  Japanese  women 
for  the  purpose  of  selling.  Every  person  bringing  to,  or 
landing  within  this  state,  any  female  person  born  in  the  em- 
pire of  China  or  the  empire  of  Japan,  or  the  islands  adja- 
cent thereto,  with  intent  to  place  her  in  charge  or  custody 
of  any  other  person,  and  against  her  will  to  compel  her  to 
reside  with  him,  or  for  the  purpose  of  selling  her  to  any 
person  whomsoever,  is  punishable  by  a  fine  of  not  less  than 
one  nor  more  than  five  thousand  dollars,  or  by  imprisonment 
in  the  county  jail  not  less  than  six  nor  more  than  twelve 
months.     En.  Stats.  1905,  656. 

See  note  to  §  266a,  ante. 

§  266d.  Placing  female  iu  custody  for  the  purpose  of  co- 
habitation. Any  person  w^o  receives  any  money  or  other 
valuable  thing  for  or  on  account  of  his  placing  in  custody 
any  female  for  the  purpose  of  causing  her  to  cohabit  with 
any  male  to  whom  she  is  not  married,  is  guilty  of  a  felony. 
En.  Stats.  1905,  656. 

See  note  to  §  266a,  ante. 

§  266e.  Paying  for  female  for  the  purpose  of  prostitu- 
tion. Every  person  who  purchases,  or  paj's  any  money  or 
other  valuable  thing  for,  any  female  person  for  the  purpose 
of  prostitution,  or  for  the  purpose  of  placing  her,  for  im- 
moral purposes,  in  any  house  or  place  against  her  will,  is 
guilty  of  a  felony.     En.  Stats.  1905,  656. 

See  note  to  §  266a,  ante. 


120a  RAPE,   ABDUCTION,    SEDUCTION,    ETC.  §§  266f-268 

§  266f.  Selling  female  for  immoral  purposes.  Every  per- 
son who  sells  any  female  person  or  receives  any  money  or 
other  valuable  thing  for  or  on  account  of  his  placing  in  cus- 
tody, for  immoral  purposes,  any  female  person,  whether  with 
or  without  her  consent,  is  guilty  of  a  felony.  En.  Stats. 
1!)05,  656. 

See  note  to  §  266a,  ante. 

§  266g.  Placing  or  permitting  the  placing  of  one's  wife 
in  house  of  prostitution.  Every  man  who,  by  force,  intimi- 
dation, threats,  persuasion,  promises,  or  any  other  means, 
places  or  leaves,  or  procures  any  other  person  or  persons 
to  place  or  leave,  his  wife  in  a  house  of  prostitution,  or 
connives  at  or  consents  to,  or  permits,  the  placing  or  leav- 
ing of  his  wife  in  a  house  of  prostitution,  or  allows  or  per- 
mits her  to  remain  therein,  is  guilty  of  a  felony  and  pun- 
ishable by  imprisonment  in  the  state  prison  for  not  less 
than  three  nor  more  than  ten  years;  and  in  all  prosecutions 
under  this  section  a  wife  is  a  competent  witness  against 
her  husband.     En.  Stats.  1905,  656. 

This  section  coflifies  the  statute  of  1S91,  page  2S5,  regarding  the  plac- 
ing and  keeping  of  married  women  in  houses  of  prostitution.— Code 
Commissioner's    Note. 

§  267.  Abduction.  Every  person  who  takes  away  any 
female  under  the  age  of  eighteen  years  from  her  father, 
mother,  guardian,  or  other  person  having  the  legal  charg* 
of  her  person,  without  their  consent,  for  the  purpose  of 
prostitution,  is  punishable  by  imprisonment  in  the  state 
prison  not  exceeding  five  years,  and  a  fine  not  exceeding 
one  thousand  dollars.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     61,  480;  61,  481;  71,  612;  88,  138;  88,  317; 
96,  316;  96,  318;   141,  544;   141,  545;  141,  548. 

Act  to  prevent  prostitution:  See  post.  Appendix,  title 
Prostitution. 

Act  to  prevent  seduction:  See  post,  Appendix,  title  Se- 
duction. 

§  268.  Seduction  under  promise  of  marriage.  Every 
person  who,  under  promise  of  marriage,  seduces  and  has 
sexual  intercourse  with  an  unmarried  female  of  previous 
chaste  character,  is  punishable  by  imprisonment  in  the 
state  prison  for  not  more   than  five  years,  or  by  a  fine  of 


§§  269-270  ABANDONMENT,    ETC.,    OF  CHILDREN.  120b 

not  more   than   five   thousand   dollars,   or  by  both   such  fine 
and  imprisonment.     En.  Stats.  1889,  12, 

Cal.  Eep.   Cit.     93,   77;   97,  451;   118,   673;    120,   539;    123, 
225;   123,  226;   137,  268;    143,  101. 

§  269.  Intermarriage  subsequent  to  seduction.  The  in- 
termarriage of  the  parties  subsequent  to  the  commission 
of  the  offense  is  a  bar  to  a  prosecution  for  a  violation 
of  the  last  section;  provided,  such  marriage  take  place  prior 
to  the  finding  of  an  indictment  or  the  filing  of  an  informa- 
tion  charging   such   offense.     En.   Stats.    1889,    12. 

Cal.  Eep.  Cit.       120,  539;  123,  225;  123,  226. 

§  269a.  Open  and  notorious  fornication  and  adultery. 
Every  person  who  lives  in  a  state  of  open  and  notorious  co- 
habitation and  adultery  is  guilty  of  a  misdemeanor,  and 
punishable  by  a  fine  not  exceeding  one  thousand  dollars, 
or  by  imprisonment  in  the  county  jail  not  exceeding  one 
year,  or  by  both.     En.  Stats.  1905,  657. 

2G9a,     269b.    The    act    to    punish    adultery     (Stats.     1871-2,     page    380)     Is 
codified   in  the  two  sections  above  named. — Code  Commissioner's  Note. 

§  269b.  Open  and  Notorious  adultery  of  married  persons; 
proof.  If  two  persons,  each  being  married  to  another,  live 
together  in  a  state  of  open  and  notorious  cohabitation  and 
adultery,  each  is  guilty  of  a  felony,  and  punishable  by  im- 
prisonment in  the  state  prison  not  exceeding  five  years.  A 
recorded  certificate  of  marriage  or  a  certified  copy  thereof, 
there  being  no  decree  of  divorce,  proves  the  marriage  of  a 
person  for  the  purposes  of  this  section.     En.  Stats.  1905,  657. 

See  note  to  §  269a,  ante. 

CHAPTEE   n. 

ABANDONMENT    AND     NEGLECT    OF     CHILDREN. 

§  270.    Omitting   to   provide   necessaries. 

§  271.     Deserting   child. 

§  271a.  Penalty    for   abandonment. 

§  272.     Selling,    apprenticing,    etc.,    children. 

§  273.     Receiving,    hiring,    etc.,    children. 

§  273.     Minor  not   to  visit   saloons,    etc. 

§  273a.  Unjustifiable   punishment,    causing   child    to   suffer. 

§  273b.  Child  not  to  be  confined. 

§  273c.  Fines,   how  appropriated. 

§  273d.  Court   may  commit  child   to  charitable  institutions. 

§  273e.  Minor  not   to   deliver  messages,    etc.,    to   certain   places. 

§  270.  Omitting  to  provide  necessaries.  A  parent "  who 
willfully    omits,    without    lawful    excuse,    to    furnish    neces- 


370a  (new).  Every  husband  having  sufficient  ability  to 
)rovide  for  his  wife's  support,  or  wlio  is  able  to  earn  the 
neans  of  such  wife's  support,  who  willfully  abandons  and 
eaves  his  wife  in  a  destitute  condition  or  who  refuses  or 
leglects  to  provide  such  wife  with  necessary  food,  clothing, 
helter,  or  medical  attendance,  unless  by  her  misconduct 
le  was  justified  in  abandoning  her,  is  guilty  of  a  misde- 
[leanor.  (Became  a  law,  under  constitutional  provision, 
/ithout   Governor's  approval,   March  4,   1907.) 

370b  (new).  After  arrest,  conviction  or  plea  of  guilty 
n  a  charge  of  a  misdemeanor  under  either  section  two 
undred  and  seventy  or  two  hundred  and  seventy  a,  of  this 
ode,  and  before  trial  or  sentence,  if  the  defendant  shall 
ppear  before  the  court  and  enter  into  an  undertaking  with 
ufficient  sureties  to  the  people  of  the  State  of  California 
1  such  penal  sum  as  the  court  may  fix,  to  be  approved 
y  the  court,  and  conditioned  that  the  defendant  will  fur- 
ish  said  minor  child  or  wife  as  the  case  may  be,  with 
ecessary  food,  clothing,  shelter  or  medical  attendance, 
len  the  court  may  suspend  proceedings  or  sentence  therein; 
nd  said  undertaking  is  valid  and  binding  for  six  months; 
nd  upon  the  failure  of  defendant  to  comply  with  said 
ndertaking,  he  may  be  ordered  to  appear  before  the  court 
nd  show  cause  why  further  proceedings  should  not  be  had 
1  said  action  or  sentence  should  not  be  imposed,  whereupon 
ie  court  may  proceed  with  said  action,  or  pass  sentence, 
r  for  good  cause  shown  may  modify  the  order  and  take  a 
ew  undertaking  and  further  suspend  proceedings,  or  sen- 
mce  for  a  like  period.  (Became  a  law,  under  constitutional  • 
revision,   without  Governor's  approval,   March   4,   1907.) 


120c  ABANDONMENT,    ETC.,     OF    CHILDREN.  §§  271,  272 

sary  food,  clothing,  shelter,  or  medical  attendance  for  his 
child,  is  guilty  of  a  misdemeanor.  En.  February  14.  1872. 
Am'd.  1905,  758. 

The  change  consists  in  the  omission  of  the  words  now  following 
the  word  "excuse,"  "to  perform  any  duty  imposed  upon  him  by 
law."  Thej'  are  clearly  without  signification  as  employed  In  the 
section. — Code    Commissioner's   Note. 

Indictable  omissions:  Sec.  26,  subd.  6. 

Duty  of  parent  to  support  child:  See  Civ.  Code,  sees.  196, 
208,   209. 

Statutes:  See  "An  act  for  the  protection  of  children, 
and  to  prevent  and  punish  certain  wrongs  to  children," 
approved  March  30,  1878;  1877-8,  812;  post,  Appendix,  title 
Infancy.  Act  relating  to  orphaned  and  abandoned  chil- 
dren. Stats.  1873-4,  297.  Also,  "An  act  relating  to  chil- 
dren," approved  March  30,  1878;  1877-8,  813;  post,  Ap- 
pendix, title  Infancy.  Act  to  prevent  cruelty  to  children: 
See  post.  Appendix,  title  Infancy. 

§  271.  Deserting  child.  Every  parent  of  any  child  under 
the  age  of  six  years,  and  every  person  to  whom  any  such 
child  has  been  confided  for  nurture  or  education,  who  de- 
serts such  child  in  any  place  whatever,  with  intent  wholly 
to  abandon  it,  is  punishable  by  imprisonment  in  the  state 
prison  not  exceeding  seven  years,  or  in  a  county  jail  not 
exceeding   one   year.     En.    February    14,    1872. 

§  271a.  Penalty  for  abandonment.  Every  person  who 
knowingly  and  willfully  abandons,  or  who,  having  ability 
so  to  do,  fails  or  refuses  to  maintain  his  or  her  minor  child 
under  the  age  of  fourteen  years,  or  who  falsely,  knowing 
the  same  to  be  false,  represents  to  any  manager,  officer,  or 
agent  of  any  orphan  asylum  or  charitable  institution  for  the 
care  of  orphans,  that  any  child  for  whose  admission  into 
such  asylum  or  institution  application  is  made  is  an  orphan, 
is  guilty  of  a  misdemeanor.     En.  Stats.  1905,  758. 

The    penal    section    of    the    statute    of    1S73-4,    relating    to    the    care    of 
orphan    and    abandoned    children,     is    codified    in    this    section.— Code  * 
Commissioner's   Note. 

§  272.  Selling,  apprenticing,  etc.,  children.  Any  person, 
whether  as  parent,  relative,  guardian,  employer,  or  other- 
wise, having  the  care,  custody,  or  control  of  any  child  under 
the  age  of  sixteen  years,  who  exhibits,  uses,  or  employs,  or 
in  any  manner,  or  under  any  pretense,  sells,  apprentices, 
gives  away,  lets  out,  or  disposes  of  any  such  child   to  any 

5 


§  273  ABANDONMENT,    ETC.,    OF    CHILDREN.  120d 

person,  under  any  name,  title,  or  pretense,  for  or  in  any- 
business,  exhibition,  or  vocation,  injurious  to  the  health 
or  dangerous  to  the  life  or  limb  of  such  child,  or  in  or  for 
the  vocation,  occupation,  service,  or  purpose  of  singing,  play- 
ing on  musical  instruments,  rope  or  wire  walking,  dancing, 
begging,  or  peddling,  or  as  a  gymnast,  acrobat,  contortion- 
ist, or  rider,  in  any  place  whatsoever,  or  for  or  in  any  ob- 
scene, indecent  or  immoral  purposes,  exhibition,  or  practice 
whatsoever,  or  for  or  in  any  mendicant  or  wandering  busi- 
ness whatsoever,  or  who  causes,  procures,  or  encourages  such 
child  to  engage  therein,  is  guilty  of  a  misdemeanor,  and 
punishable  by  a  fine  of  not  less  than  fifty  nor  more  than  two 
hundred  and  fifty  dollars,  or  by  imprisonment  in  the  county 
jail  for  a  term  not  exceeding  six  months,  or  by  both  such 
fine  and  imprisonment.  Nothing  in  this  section  contained 
applies  to  or  affects  the  employment  or  use  of  any  such 
child,  as  a  singer  or  musician  in  any  church,  school,  or  acad- 
emy, or  the  teaching  or  learning  of  the  science  or  practice 
of  music;  or  the  employment  of  any  child  as  a  musician  at 
any  concert  or  other  musical  entertainment,  on  the  written 
consent  of  the  mayor  of  the  city  or  president  of  the  board 
of  trustees  of  the  city  or  town  where  such  concert  or  enter- 
tainment takes  place.  En.  Stats.  1875-6,  110.  Am'd.  1905, 
759. 

272,  273.  273a,  273b,  273c,  273d.  The  two  statutes,  one  of  1S77-S,  page  812, 
and  the  other  of  1877-S,  page  813,  relating  to  children,  are  codified  by 
an  amendment  to  section  272,  and  by  the  addition  of  sections  273, 
273a,    273b,    273c,    and   273-1. — Code   Commissioner's   Note. 

§  273.  Receiving,  hiring,  etc.,  children.  Every  person 
who  takes,  receives,  hires,  employs,  uses,  exhibits,  or  has  in 
custody,  any  child  under  the  age,  and  for  any  of  the  pur- 
poses mentioned  in  the  preceding  section,  is  guilty  of  a  like 
oifense,  and  punishable  by  a  like  punishment  as  therein 
provided.     En.   Stats.   1905,   759.     [March   22,   1905.] 

See  note  to  §  272,  ante. 

At    the    same    session    of    the    legislature     another     section     273     was 
adopted  as  follows: 

§  273.  Minor  not  to  visit  saloons,  etc.  Any  person 
whether  as  parent,  guardian,  employer,  or  otherwise,  and 
any  firm  or  corporation,  who  as  employer  or  otherwise,  shall 
send,  direct,  or  cause  to  be  sent  or  directed  to  any  saloon, 
gambling  house,  house  of  prostitution,  or  other  immoral 
place,  any  minor  under  the  age  of  eighteen  years,  is  guilty 
of  a  misdemeanor.     En.  Stats.  1905,  74.     [March  7,  1905.] 


273   (as  approved  March  7th,  1905).     Repealed. 


121  ABANDONMENT,    ETC.,   OF   CHILDREN.  §§  273a-273d 

§  273a.     Unjustifiable  punishment,  causing  child  to  suffer. 

Any  person  who  willfully  causes  or  permits  any  child  to 
suffer,  or  who  inflicts  thereon  unjustifiable  physical  pain  or 
mental  suffering,  and  whoever,  having  the  care  or  custody 
of  any  child,  causes  or  permits  the  life  or  limb  of  such  child 
to  be  endangered,  or  the  health  of  such  child  to  be  injured, 
and  any  person  who  willfully  causes  or  permits  such  child 
to  be  placed  in  such  situation  that  its  life  or  limb  may  be 
endangered,  or  its  health  likely  to  be  injured,  is  guilty  of  a 
misdemeanor.  En.  Stats.  1905,  759. 
See  note  to  §  272,  ante. 

§  273b.  Child  not  to  be  confined.  No  child  under  the  age 
of  sixteen  years  must  be  pjaced  in  any  prison,  or  place  of 
confinement,  or  in  any  courtroom,  or  in  any  vehicle  for 
transportation  to  any  place,  in  company  with  adults  charged 
with  or  convicted  of  crime,  except  in  the  presence  of  a 
proper    official.     En.    Stats.    1905,    760. 

See  note  to  §  272,  ante. 

§  273c.  Fines,  how  appropriated.  All  fines,  penalties,  and 
forfeitures  imposed  and  collected  under  the  provisions  of  the 
five  preceding  sections,  or  under  the  provisions  of  any  law 
relating  to,  or  affecting,  children,  in  every  case  where  the 
prosecution  is  instituted  or  conducted  by  a  society  incorpo- 
rated under  the  laws  of  this  state  for  the  prevention  of 
cruelty  to  children,  inure  to  such  society  in  aid  of  the  pur- 
poses for  which  it  is  incorporated.     En.  Stats.  1905,  760. 

See  note  to  §  272,  ante. 

§  273d.     Court  may  commit  child  to  charitable  institution. 

When,  upon  examination  before  a  court  or  magistrate,  it 
appears  that  any  child  under  the  age  of  sixteen  years  has 
been  found  begging,  whether  actually  begging  or  under  the 
pretext  of  selling  anything,  or  wandering  and  not  having 
any  settled  place  of  abode,  or  proper  guardianship,  or  vis- 
ible means  of  subsistence;  or  destitute,  or  frequenting  the 
company  of  reputed  thieves,  or  prostitutes  or  houses  of  pros- 
titution or  assignation,  dance  houses,  concert  saloons,  the- 
aters, or  places  where  spirituous  liquors  are  sold;  or  engaged 
in  any  business,  exhibition,  or  vocation  mentioned  in  sec- 
tion two  hundred  and  seventy-two;  or  in  'the  custody  of  any 
person  convicted  of  a  criminal  assault  upon  it;  the  court  or 
magistrate  may,  when  it  deems  it  expedient  for  the  welfare 
of  such   child,   commit  it  to   an  orphan   asylum,   society  for 


§§  273e-275  ABORTIONS.  12.' 

the  prevention  of  cruelty  to  children,  or  other  charitable  in- 
stitution, or  make  such  other  disposition  thereof  as  now  is 
or  may  hereafter  be  provided  by  law  in  cases  of  vagrant, 
truant,  disorderlv,  pauper,  or  destitute  children.  En.  Stats. 
1905,  760. 

See  note  to  §  272,  ante. 

§  273e.  Minor  not  to  deliver  messages,  etc.,  to  certain 
places.  Every  telephone,  special  delivery  company  or  asso- 
ciation, and  every  other  corporation  or  person  engaged  in 
the  delivery  of  packages,  letters,  notes,  messages,  or  other 
matter,  and  every  manager,  superintendent,  or  other  agent 
of  such  person,  corporation,  or  association,  who  sends  any 
minor  in  the  employ  or  under  the  control  of  any  such  per- 
son, corporation,  association,  or  agent,  to  the  keeper  of  any 
house  of  prostitution,  variety  theater,  or  other  place  of 
cjucstionable  repute,  or  to  any  person  connected  with,  or 
any  inmate  of,  such  house,  theater,  or  other  place,  or  who 
permits  such  minor  to  enter  such  house,  theater  or  other 
place,  is  guilty  of  a  misdemeanor.     En.  Stats.  1905,  760. 

273e.  The  matter  now  in  section  13S9,  which  incorrectly  stands  in  a 
chapter  entitled  "Dismissal  of  the  Action,"  is  put  into  a  new  sec- 
tion designated  as  273e,  and  is  put  in  its  proper  chapter,  with  the 
other  sections  relative  to  children,  and  section  13S9  accordingly  re- 
pealed.— Code   Commissioner's   Note. 


CHAPTER   III. 

ABORTIONS. 

§  274.     Administering    drugs,    etc.,    with    intent    to   produce    miscarriage. 
§  275.     Submitting   to   an   attempt   to  produce   miscarriage. 

§  274.  Administering  drugs,  etc.,  with  intent  to  produce 
miscarriage.  Every  person  who  provides,  supplies,  or  admin- 
isters to  any  pregnant  woman,  or  procures  any  such  woman 
to  take  any  medicine,  drug,  or  substance,  or  uses  or  em- 
ploys any  instrument  or  other  means  whatever,  with  intent 
thereby  to  procure  the  miscarriage  of  such  woman,  unless 
the  same  is  necessary  to  preserve  her  life,  is  punishable  by 
imprisonment  in  the  state  prison  not  less  than  two  nor 
more    than   five   years.     En.   February   14,    1872. 

Cal.   Rep.   Cit.     143,   261. 

§  275.     Submitting  to  an  attempt  to  produce  miscarriage. 

Every     person    who     solicits     of     any    person    any    medicine, 


873f  (new).  Any  person,  whether  as  parent,  guardian, 
ployer,  or  otherwise,  and  any  firm  or  corporation,  who 
employer  or  otherwise,  shall  send,  direct,  or  cause  to  be 
t  or  directed  to  any  saloon,  gambling  house,  house  of 
stitution,  or  other  immoral  place,  any  minor  under  the 
of  eighteen,  is  guilty  of  a  misdemeanor.  (In  effect  60 
s   from   and   after  March   18,    1907.) 

J73g  (new).  Any  person  who  in  the  presence  of  any 
d  indulges  in  any  degrading,  lewd,  immoral  or  vicious 
its  or  practices,  or  who  is  habitually  drunk  in  the 
senre  of  any  child  in  his  care,  custody  or  control,  is 
ty  of  a  misdemeanor.  (In  effect  60  days  from  and  after 
•ch    21,    1907.) 


123  BIGAMY,    INCEST,    CRIME    AGAINST    NATURE.     §§   278-281 

drug,  or  substance  whatever,  and  takes  the  same,  or  who 
submits  to  any  operation,  or  to  the  use  of  any  means  what- 
ever, with  intent  thereby  to  procure  a  miscarriage,  unless 
the  same  is  necessary  to  preserve  her  life,  is  punishable  by 
imprisonment  in  the  state  prison  not  less  than  one  nor 
more   than   five   years.     En.   February    14,    1872. 

See   act  of   1880,  relating  to  sale  of  poisonous  substance, 
Appendix,  title  Poisons. 


CHAPTEil  IV. 

CHILD-STEALING. 

§  278.     Definition    and    punishment    of    child-stealing. 

§  278.  Definition  and  punishment  of  child-stealing. 
Every  person  who  maliciously,  forcibly,  or  fraudulently 
takes  or  entices  away  any  minor  child  with  intent  to 
detain  and  conceal  such  child  from  its  parent,  guardian, 
or  other  person  having  the  lawful  charge  of  such  child, 
is  punishable  by  imprisonment  in  the  state  prison  not  ex- 
ceeding twenty  years.  En.  February  14,  1872.  Am'd.  1901, 
269. 

Cal.  Eep.  Cit.     60,  72;   147,  426. 


CHAPTEE  V. 

BIGAMY,    INCEST,    AND    THE    CRIME    AGAINST    NATURE. 

§  281.  Bigamy    defined. 

§  282.  Exceptions. 

^  283.  Punishment   of   bigamy. 

§  284.  Marrying   a   husband   or  wife   of   another. 

§  2S.5.  Incest. 

§  286.  Crime  against   nature. 

§  2S7.  Penetration    sufficient    to   complete    the    crime. 

I  2SS.  Crimes    against    children   a   felony. 

§  281.  Bigamy  defined.  Every  person  having  a  husband 
or  wife  living,  who  marries  any  other  person,  except  in 
tlie  cases  specifieil  in  the  next  section,  is  guilty  of  bigamy. 
En.  February  14,  1872. 

Cal.  Eep.  Cit.     99,  288. 

Marriage  is  a  civil  contract,  and  must  be  followed  by 
solemnization:     See  Civ.  Code,  sec.  55. 


§§  282-287    BIGAMY,    INCEST.    CRIME    AGAINST    NATURE.  124 

§  282.     Exceptions.     The   last   section    does    not    extend — 

1.  To  any  person  by  reason  of  any  former  marriage,  whose 
husband  or  wife  by  such  marriage  has  been  absent  for  five 
successive  years,  without  being  Icnown  to  such  person  within 
that  time  to  be  living;  nor, 

2.  To  any  person  by  reason  of  any  former  marriage  which 
has  been  pronounced  void,  annulled,  or  dissolved  by  the 
judgment  of  a  competent   court.     En.   February   14,   1872. 

§  283.  Punishment  of  bigamy.  Bigamy  is  punishable 
by  fine  not  exceeding  five  thousand  dollars  and  by  im- 
prisonment in  the  state  prison  not  exceeding  ten  vears. 
En.  February  14,  1872.     Am'd.  1905,  245. 

§  284.  Marrying  a  husband  or  wife  of  another.  Every 
person  who  knowingly  and  willfully  marries  the  husband 
or  wife  of  another,  in  any  case  in  which  such  husband  or 
wife  would  be  punishable  under  the  provisions  of  this  chap- 
ter, is  punishable  by  fine  not  less  than  five  thousand  dollars, 
or  by  imprisonment  in  the  state  prison  not  exceeding  ten 
years.     En.  February  14,  1872.     Am'd.  1905,  245. 

§  285.  Incest.  Persons  being  within  the  degrees  of 
consanguinity  within  which  marriages  are  declared  by  law 
to  be  incestuous  and  void,  who  intermarry  with  each  other, 
or  who  commit  fornication  or  adultery  with  each  other,  are 
punishable  by  imprisonment  in  the  state  prison  not  exceed- 
ing ten  years.     En.  February  14,  1872. 

Cal.   Eep.    Cit.     102,    242;    119,    458;    141,    606;    141,    607; 

141,  609;   142,   622. 
Incestuous  marriages:     See  Civ.  Code,  sec.  59. 
Person    solemnizing    incestuous    marriage,    how    punished: 
Post,  sec.  359. 

§  286.  Crime  against  nature.  Every  person  who  is 
guilty  of  the  infamous  crime  against  nature,  committed 
with  mankind  or  with  any  animal,  is  punishable  by  im- 
prisonment in  the  state  prison  not  less  than  five  years.  En. 
February  14,  1872. 

Assault  to  commit  crime  against  nature:     See  sec.  220. 

§  287.  Penetration  sufficient  to  complete  the  crime. 
Any  sexual  penetration,  however  slight,  is  sufficient  to  com- 
plete the  crime  against  nature.     En.  February  14,  1872. 


125  VIOLATING   SEPULTURE,    ETC.  §§  288-291 

§  288.  Crimes  against  children  a  felony.  Any  person 
who  shall  willfully  and  lewdly  commit  any  lewd  or  las- 
civious act  other  than  the  acts  constituting  other  crimes 
provided  for  in  part  two  of  this  code  upon  or  with  the 
body,  or  any  part  or  member  thereof,  of  a  child  under  the 
age  of  fourteen  years,  with  the  intent  of  arousing,  ap- 
pealing to,  or  gratifying  the  lust  or  passions  or  sexual 
desires  of  such  person  or  of  such  child,  shall  be  guilty  of 
a  felony  and  shall  be  imprisoned  in  the  state  prison  not 
less  than  one  year.     En.  Stats.  1901,  630. 

Cal.  Eep.  Cit.     142,  147;  142,  151. 


CHAPTEE   VI. 

VIOLATING     SEPULTURE     AND    THE     REMAINS    OF    THE     DEAD. 

§  290.  Unlawful  mutilation  or  removal  of  dead  bodies. 

§  291.  LTnlawful   removal   of   dead   body   from   grave   for   dissection,    etc. 

§  292.  Who  are  charged   Vv'ith   the  duty  of  burial. 

§  293.  Punishment    for    omitting    to    bury. 

§  294.  Who   are   entitled    to   custody   of    a   body. 

§  295.  Arresting   or   attaching   a  dead   body. 

§  296.  Defacing,  tombs   and    monuments. 

§  297.  Unlawful  interments. 

§  290,    Unlawful  mutilation  or  removal   of  dead  bodies. 

Every  person  who  mutilates,  disinters,  or  removes  from 
the  place  of  sepulture  the  dead  body  of  a  human  being 
without  authority  of  law,  is  guilty  of  felony.  But  the 
provisions  of  this  section  do  not  apply  to  any  person  who 
removes  the  dead  body  of  a  relative  or  friend  for  reinter- 
ment.    En.  February  14,  1872. 

Cal,  Eep.  Cit.     58,  226;  58,  227;  135,  72;  135,  76. 

Bodies  not  to  be  removed  without  permit:  Pol.  Code, 
sec.  3027, 

Act  to  prevent  disinterring  dead  bodies:  See  post,  Ap- 
pendix, title   Public   Health. 

§  291.  Unlawful  removal  of  dead  body  from  grave  for 
dissection,  etc.  Every  person  who  removes  any  part  of 
the  dead  body  of  a  human  being  from  any  grave  or  other 
place  where  the  same  has  been  buried,  or  from  any  place 
where  the  same  is  deposited  while  awaiting  burial,  with 
intent  to  sell  the  same,  or  to  dissect  it,  without  authority 
of    law,    or   from    malice    or    wantonness,    is    punishable    by 


§§  292-294  VIOLATING    SEPULTURE,    ETC.  126 

imprisonment  in  the   state  prison   not   exceeding  five   years. 
En.  February  14,  1872. 

§  292.     Who   are  charged  with  the  duty   of  burial.     The 

duty   of   burying   the   body   of    a    deceased   person   devolves 
upon  the  persons  hereinafter  specified: 

1.  If  the  deceased  was  a  married  woman,  the  duty  of 
burial  devolves  upon  her  husband; 

2.  If  the  deceased  was  not  a  married  woman,  but  left 
any  kindred,  the  duty  of  burial  devolves  upon  the  person 
or  persons  in  the  same  degree  nearest  of  kin  to  the  de- 
ceased, being  of  adult  age,  and  within  this  state,  and 
possessed  of  sufficient  means  to  defray  the  necessary  ex- 
penses; 

3.  If  the  deceased  left  no  husband  nor  kindred  answer- 
ing the  foregoing  description,  the  duty  of  burial  devolves 
upon  the  coroner  conducting  an  inquest  upon  the  body  of 
the  deceased,  if  any  such  inquest  is  held;  if  there  is  none, 
then  upon  the  persons  charged  with  the  support  of  the  poor 
in  the  locality  in  which  the  death  occurs; 

4.  In  case  the  person  upon  whom  the  duty  of  burial  is 
east  by  the  foregoing  provisions  omits  to  make  such  burial 
within  a  reasonable  time,  the  duty  devolves  upon  the  per- 
son next  specified;  and  if  all  omit  to  act,  it  devolves  upon 
the  tenant;  or  if  there  is  no  tenant,  upon  the  owner  of 
the  premises,  or  master;  or  if  there  is  no  master,  upon  the 
owner  of  the  vessel  in  which  the  death  occurs  or  the  body 
is  found.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     110,  88;   113,  203;    123,  289;   131,   72;    140, 
233. 

§  293.  Punishment  for  omitting  to  bury.  Every  person 
upon  whom  the  dutj^  of  making  burial  of  the  remains  of 
a  deceased  person  is  imposed  by  law,  who  omits  to  per- 
form that  duty  within  a  reasonable  time,  is  guilty  of  a 
misdemeanor;  and,  in  addition  to  the  punishment  pre- 
scribed therefor,  is  liable  to  pay  to  the  person  performing 
the  duty  in  his  stead,  treble  the  expenses  incurred  by  the 
latter  in  making  the  burial,  to  be  recovered  in  a  civil 
action.     En.  February   14,  1872. 

§  294.  Who  are  entitled  to  custody  of  a  body.  The  per- 
son charged  by  law  with  the  duty  of  burying  the  body  of  a 


127  VIOLATING    SEPULTURE,     ETC.  §§  295-297 

deceased  person  is  entitled  to  the  custody  of  such  body 
for  the  purpose  of  burying  it;  except  that  in  the  case  in 
which  an  inquest  is  required  by  law  to  be  held  upon  a 
dead  body  by  a  coroner,  such  coroner  is  entitled  to  its 
custody  until  such  inquest  has  been  completed.  En.  Feb- 
ruary 14,  1872. 

Cal.  Eep.  Cit.     131,  72;   134,  294. 

§  295.  Arresting  or  attaching  a  dead  body.  Every  per- 
son who  arrests  or  attaches  any  dead  body  of  a  human 
being,  upon  any  debt  or  demand  whatever,  or  detains  or 
claims  to  detain  it  for  any  debt  or  demand,  or  upon  any 
pretended  lien  or  charge,  is  guilty  of  a  misdemeanor.  En. 
February   14,  1872. 

Cal.  Eep.  Cit.     118,   26. 

§  296.  Defacing  tombs  and  monuments.  Every  person 
who  willfully  and  maliciously  defaces,  breaks,  destroys,  or 
removes  any  tomb,  monument,  or  gravestone,  erected  to  any 
deceased  person,  or  any  memento  or  memorial,  or  any 
ornamental  plant,  tree,  or  shrub,  appertaining  to  the  place 
of  burial  of  a  human  being,  or  who  shall  mark,  deface,  in- 
jure, destroy,  or  remove  any  fence,  post,  rail,  or  wall  of 
any  cemetery  or  graveyard,  is  guilty  of  a  misdemeanor. 
En.  February  14,  1872. 

§  297.  Unlawful  interments.  Every  person  who  shall 
bury  or  inter,  or  cause  to  be  buried  or  interred,  the  dead 
body  of  any  human  being,  or  any  human  remains,  in  any 
place  within  the  corporate  limits  of  any  city  or  town  in 
this  state,  or  within  the  corporate  limits  of  the  city  and 
county  of  San  Francisco,  except  in  a  cemetery,  or  place 
of  burial,  now  existing  under  the  laws  ot  this  state,  and 
in  which  interments  have  been  made,  or  that  is  now  or 
may  hereafter  be  established  or  organized  by  the  board  of 
supervisors  of  the  county,  or  city  and  county,  in  which  such 
city  or  town,  or  city  and  county  is  situate,  shall  be  guilty 
of  a  misdemeanor.     En.  Stats.  1873-4,  458. 

Cal.  Rep.  Cit.     60,  4;  140,  233. 


§§  299,  300  AGAINST   RELIGION,    CONSCIENCE,    ETC. 


CHAPTEE  VII. 

OF      CRIMES      AGAINST      RELIGION      AND      CONSCIENCE,       AND 
OTHER   OFFENSES  AGAINST    GOOD   MORALS. 

§  299.  Sunday   amusement,    where   liquors   are   sold.     (Repealed.) 

§  300.  Keeping  open  places   of  business  on  Sunday.     (Repealed.) 

§  301.  Limitation    on    operation    of    preceding    section.     (Repealed.) 

§  302.  Disturbing    religious    meetings. 

§  303.  Sale  of  liquors  at  theaters,   and  employing  women  to  sell  liquors 

thereat.     (Repealed.) 

§  304.  Selling    liquors    at    camp-meeting. 

§  305.  Limitation    of   preceding   section. 

§  306.  Females   exhibited    in   pubic   places.     (Repealed.) 

§  307.  Keeping  or  resorting   to  place   where  opium  is  used. 

§  308.  Selling  tobacco  to   minors. 

§  309.  Admission   of  minor  to  place  of  prostitution. 

§  310.  No   section    of   this   number. 
§  310%.  Barber-shops    open   on    Sunday.     (Repealed.) 

§  299.     Sunday  amusement,  where  liquors  are  sold.     (Ee- 
pealed.)     En.  February   14,  1872.     Eep.  Stats.  1883,  1. 
Cal.  Eep.  Cit.     60,  198. 

Note. — The  section  read  as  follows:  "Sec.  299.  Every 
person  who,  on  the  Christian  sabbath,  gets  up,  exhibits, 
opens,  or  maintains,  or  aids  in  getting  up,  exhibiting,  open- 
ing, or  maintaining,  any  bull,  bear,  cock,  or  prize  fight, 
horse-race,  circus,  gambling-house,  or  saloon,  or  any  bar- 
barous and  noisy  amusement,  or  who  keeps,  conducts,  or 
exhibits  any  theater,  melodeon,  dance-cellar,  or  other  place 
of  musical,  theatrical,  or  operatic  performance,  spectacle, 
or  representation  where  any  wines,  liquors,  or  intoxicating 
drinks  are  bought,  sold,  used,  drank,  or  given  away,  or 
who  purchases  any  ticket  of  admission,  or  directly  or  in- 
directly pays  any  admission  fee  to  or  for  the  purpose  of 
witnessing  or  attending  any  such  place,  amusement,  spec- 
tacle, performance,  or  representation,  is  guilty  of  a  mis- 
demeanor. " 

§  300.     Keeping    open    places    of     business     on    Sunday. 
(Eepealed.)     En.   February    14,    1872.     Eep.    Stats.    1883,    1. 
Cal.  Eep.   Cit.     59,  7;  60,  152;   60,  188;   60,  190;   60,  191; 
60,  192;  60,  193;  60,  195;  60,  198;  60,  201;  60,  205. 

The  section  read  as  follows:  "Sec.  300.  Every  person 
who  keeps  open  on  Sunday  any  store,  workshop,  bar,  saloon, 
banking-house,  or  other  place  of  business,  for  the  purpose 
of  transacting  business  therein,  is  punishable  by  fine  not 
less  than  five  nor  more  than  fifty  dollars." 


129  AGAINST   RELIGION,    CONSCIENCE,    ETC.  §§  301-303 

§  301.     Limitation    on     operation    of    preceding     section. 

(Eepealed.)     En.  February  14,  1872.     Am'd.  1880,  38.     Eep. 
1883,  1, 

Cal.  Eep.  Cit.     59,  12;   60,  188;   60,  189;  60,  190;   60,  191; 
60,   192;   60,   193;   60,   198;   60,   201;    60,   205. 

The  section  read  as  follows:  "Sec.  301.  The  provisions 
of  the  preceding  section  do  not  apply  to  persons  who,  on 
Sunday,  keep  open  hotels,  boarding-houses,  barber-shops, 
baths,  markets,  restaurants,  taverns,  livery-stables,  or  re- 
tail drug  stores,  for  the  legitimate  business  of  each,  or 
such  manufacturing  establishments  as  are  usually  kept  m 
continued  operation. ' ' 

Act  providing  day  of  rest  from  labor:  See  post.  Appen- 
dix,  title   Sundays. 

Act  providing  for  day  of  rest  in  bakeries:  See  post.  Ap- 
pendix, title  Sundays. 

§  302.  Disturbing  religious  meetings.  Every  person  who 
willfully  disturbs  or  disquiets  auy  assemblage  of  people  met 
for  religious  worship,  by  profane  discourse,  rude  or  in- 
decent behavior,  or  by  any  unnecessary  noise,  either  within 
the  place  where  such  meeting  is  held,  or  so  near  it  as  to 
disturb  the  order  and  solemnity  of  the  meeting,  is  guilty 
of  a  misdemeanor.  En.  February  14,  1872.  Am'd.  1905, 
657-. 

The  change  consists  in  the  omission  of  the  word  "noise"  before  the 
word  "profane,"  it  being  manifestly  an  error  in  the  statute,  as  it 
occuis  iater  in  the  section  with  a  qualification. — Code  Commissioner's 
Note. 

Cal.   Eep.    Cit.     60,    195;    60,   198. 

§  303.  Sale  of  liquors  at  theaters,  and  employing  women 
to  sell  liquors  thereat.  En.  February  14,  1872.  Eep.  1905, 
657. 

The  .section  is  in  conflict  with  section  18  of  Article  XX  of  the  Constitu- 
tiuM,  which  provides  that  "no  person  shall,  on  account  of  sex,  De 
•disqualified  from  entering  upon  or  pursuing  any  lawful  business,  vo- 
cation or  profession."  (See  Ex  parte  Maguire,  57  Cal.  604'.)— Code 
Commissioner's  Note. 

See  Const.  Cal.,  see.  18,  art.  XX. 

Sale  of  liquors  to  minors:  Act  of  1872,  Appendix,  title 
Intoxicating  Jjiqiiors.  Intoxication  of  officers:  Act  of  1880, 
Appendix,  title  Officers. 

Pen.  Code— 9 


§§  304-307         AGAINST    RELIGION,     CONSCIENCE,     ETC.  130 

Special  acts. — Sale  of  liquors  on  election  days.  Act  in 
effect  March  7,  1874;  Stats.  1873-4,  297:  See  post,  Ap- 
pendix, title  Intoxicating  Liquors.  Sale  of  liquors  at  stato 
capitol,  act  in  effect  April  16,  1880;  Stats.  1880,  273:  See 
post,  Appendix,  title  Intoxicating  Liquors. 

§  304.  Selling  liquors  at  camp-meeting.  Every  person 
who  erects  or  keeps  a  booth,  tent,  stall,  or  other  contri- 
vance for  the  purpose  of  selling  or  otherwise  disposing  of 
any  wine,  or  spirituous,  or  intoxicating  liquors,  or  any  drink 
of  which  wines,  spirituous,  or  intoxicating  liquors  form  a 
part,  or  for  selling  or  otherwise  disposing  of  any  article 
of  merchandise,  or  who  peddles,  or  hawks  about  any  such 
drink  or  article,  within  one  mile  of  any  camp  or  field 
meeting  for  religious  worship,  during  the  time  of  holding 
such  meeting,  is  punishable  by  fine  of  not  less  than  five 
nor  more  than  five  hundred  dollars.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     60,   191;  60,  195. 

§  305.     Limitation   of  preceding   section.     The   provisions 

of  the  preceding  section  do  not  apply  to  any  person  carry- 
ing on  a  regular  business  in  the  sale  of  liquors  or  othc* 
articles,  which  business  was  established  prior  to  the  ap- 
pointment of  the  meeting  referred  to  in  such  section.  En. 
February   14,   1872. 

§  306.  Females  exhibited  in  public  places.  En.  Febru- 
ary 14,  1872.  Am'd.  1S73-4,  459;  1873-4,  460.  Rep.  1905, 
658. 

This  section  is  explicitly  held  to  be  in  conflict  with  section  IS  of  Arti- 
cle XX  Of  the  Constitution  in  Ex  parte  Maguiie,  57  Cal.  604,  609.— 
Code   Commissioner's  Note. 

Cal.   Eep.    Cit.     57,   605.  * 

§  307.  Keeping  or  resorting  to  place  where  opium  is 
used.  Every  person  who  opens  or  maintains,  to  be  re- 
sorted to  by  other  persons,  any  place  whei'e  opium,  or  any 
of  its  preparations,  is  sold  or  given  away,  to  be  smoked  at 
such  place;' and  any  person  who,  at  such  place  sells  or  gives 
away  any  opium,  or  its  said  preparations,  to  be  there  smoked 
or  otherwise  used;  and  every  person  who  visits  or  resorts 
to  any  such  place  for  the  purpose  of  smoking  opium  or 
its  said  preparations,  is  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  he  punished  by  a  fine  not 
exceeding  five   hundred  dollars,  or  by  imprisonment   in   the 


131  AGAINST    RELIGION,    CONSCIENCE,     ETC.     §§  308-31oy2 

county  jail  not  exceeding  six  months,  or  by  both  such  fine 
and  imprisonment.  En.  February  14,  1872.  Am'd.  1873-4, 
459.     Eep.   Stats.    1873-4,   4G1.     En.    Stats.    1881,   34. 

Cal.  Eep.  Cit.     73,  144j   73,  146;  73,  150;   73,  151;  73,  152. 

§  308.  Selling  tobacco  to  minors.  Every  person  who  sells, 
or  gives,  or  furnishes  in  any  way  to  another  who  is  in 
fact  under  the  age  of  sixteen  years,  any  tobacco,  or  prepa- 
ration of  tobacco,  is  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  not  exceed- 
ing one  hundred  dollars;  provided,  however,  that  this  sec- 
tion shall  not  be  deemed  to  apply  to  articles  furnished 
on  prescriptions  from  physicians  authorized  by  law  to  prac- 
tice medicine,  nor  to  persons  who  supply  such  articles  to 
their  own  children,  nor  to  sales  made  to  such  minors  upon 
the  written  consent  of  the  parents  or  guardians  of  such 
minors  first  obtained  in  writing  by  the  vender.  En.  Stats. 
1891,  64. 

Sale  of  liquor  to  minors:  See  post,  Appendix,  title  In- 
toxicating Liquors. 

§  309.     Admission     of     minor     to  place     of     prostitution. 

Any  proprietor,  keeper,  manager,  conductor,  or  person  hav- 
ing the  control  of  any  house  of  prostitution,  or  any  house 
or  room  resorted  to  for  the  purpose  of  prostitution,  who 
shall  admit  or  keep  any  minor  of  either  sex  therein;  or  any 
parent  or  guardian  of  any  such  minor  who  shall  admit  or 
keep  such  minor,  or  sanction,  or  connive  at  the  admis- 
sion or  keeping  thereof,  into,  or  in  any  such  house,  or 
room,  shall  be  guilty  of  a  misdemeanor.  En.  Stats.  1880, 
36. 

Act  to  punish  using  child  for  immoral  purposes:  See 
post.  Appendix,  title  Infancy. 

Act  prohibiting  child  entering  saloon,  begging,  etc.:  See 
post,  Appendix,  title  Infancy. 

§  310.     No   section  of  this  number. 

§  310i/o.  Barber-shops  open  on  Sunday.  En.  Stats.  1895 
247.     Eep.  1905,  658.  ' 

This    section    was    explicitly    held    to    be    unconstitutional    in    Ex    parte 
.Tentzsck.    112   Cal.    468.— Code   Commissioner's   Note. 

Cal.  Eep.  Cit.     112,  470. 


§§  311,  312  INDECENT    EXPOSURE,    ETC. 


CHAPTEE  VIII. 

INDECENT     EXPOSURE,     OBSCENE     EXHIBITIONS,      BOOKS     AND 
PRINTS,     AND     BAWDY    AND     OTHER     DISORDliKLY     HOUSES. 

§  311.  Indecent   exposures,    exhibitions,    an-d   pictures. 

§  312.  Seizure    of    indecent    articles    authorized. 

§  313.  Their    character    to    be    summarily    determined. 

§  314.  Their    destruction. 

§  315.  Keeping  or   residing   in  a  house  of  ill-fame;   proof. 

§  316.  Keeping   disorderly   houses. 

§  317.  Advertising   to   produce    miscarriage. 

§  31S.  Enticing   to   place    of   gambling   or   prostitution. 

§  311.  Indecent  exposures,  exhibitions,  and  pictures. 
Every  person  who  willfuUy  and  lewdly,  either: 

1.  Exposes  his  person  or  the  private  parts  thereof,  in  any 
public  place,  or  in  any  place  where  there  are  present  other 
persons  to  be   offended  or  annoyed  thereby;   or, 

2.  Procures,  counsels,  or  assists  any  person  so  to  expose 
himself,  or  to  take  part  in  any  model  artist  exhibition, 
or  to  make  any  other  exhibition  of  himself  to  public  view 
or  to  the  view  of  any  number  of  persons,  such  as  is  offensive 
to  decency,  or  is  adapted  to  excite  to  vicious  or  lewd  thoughts 
or  acts;  or, 

3.  Writes,  composes,  stereotypes,  prints,  publishes,  sells, 
distributes,  keeps  for  sale,  or  exhibits  any  obscene  or 
indecent  writing,  paper,  or  book;  or  designs,  copies,  draws, 
engraves,  paints,  or  otherwise  prepares  any  obscene  or  in- 
decent picture  or  print;  or  molds,  cuts,  casts,  or  otherwise 
makes  any  obscene  or  indecent  figure;  or, 

4.  Writes,  composes,  or  publishes  any  notice  or  adver- 
tisement of  any  such  writing,  paper,  book,  picture,  print, 
or  figure;  or, 

5.  Sings  any  lewd  or  obscene  song,  ballad,  or  other  words, 
in  any  public  place,  or  in  any  place  where  there  are  per- 
sons present  to  be  annoyed  thereby; 

— is  guilty  of  a  misdemeanor.  En.  February  14,  1872. 
Am'd.  1873-4,  429. 

§  312.     Seizure    of     indecent    articles    authorized.     Every 

person  who  is  authorized  or  enjoined  to  arrest  any  person 
for  a  violation  of  subdivision  three  of  the  last  section,  is 
equally   authorized   and    enjoined    to    seize   any    obscene    or 


133  INDECENT   EXPOSURE,    ETC.  §§  313-316 

indecent  writing,  paper,  book,  picture,  print,  or  figure  found 
in  possession  or  under  the  control  of  the  person  so  arrested, 
and  to  deliver  the  same  to  the  magistrate  before  whom  the 
person  so  arrested  is  required  to  be  taken.  En.  February 
14,   1872. 

§  313.     Their  character  to  be  summarily  determined.     The 

magistrate  to  whom  any  obscene  or  indecent  writing,  paper, 
book,  picture,  print,  or  figure,  is  delivered,  pursuant  to  the 
foregoing  section,  must,  upon  the  examination  of  the  ac- 
cused, or,  if  the  examination  is  delayed  or  prevented,  with- 
out awaiting  such  examination,  determine  the  character 
of  such  writing,  paper,  book,  picture,  print,  or  figure,  and 
if  he  finds  it  to  be  obscene  or  indecent,  he  must  deliver  one 
copy  to  the  district  attorney  of*  the  county  in  which  the 
accused  is  liable  to  indictment  or  trial,  and  must  at  once 
destroy  all  the  other  copies.     En.  February  14,  1872. 

§  314.  Their  destruction.  Upon  the  conviction  of  the  ac- 
cused, such  district  attorney  must  cause  any  writing,  paper, 
book,  picture,  print,  or  figure,  in  respect  whereof  the  ac- 
cused stands  convicted,  and  which  remains  in  the  posses- 
sion or  under  the  control  of  such  district  attorney,  to  be 
destroyed.     En.  February  14,  1872. 

§  315.     Keeping  or  residing  in  house   of  ill-fame;   proof. 

Every  person  who  keeps  a  house  of  ill-fame  in  this  state, 
resorted  to  for  the  purposes  of  prostitution  or  lewdness,  or 
who  AvillfuUy  resides  in  such  house,  is  guilty  of  misde- 
meanor; and  in  all  prosecutions  for  keeping  or  resorting  to 
such  a  house  common  repute  may  be  received  as  competent 
evidence  of  the  character  of  the  house,  the  purpose  for 
which  it  is  kept  or  used,  and  the  character  of  the  women 
inhabiting  or  resorting  to  it.  En.  February  14,  1872.  Am'd. 
1905,  668. 

The  change  consists  in  the  addition  of  the  matter  following  the  semi- 
colon. The  new  matter  is  taken  from  the  statute  of  1873-4,  page 
£4,  and  makes  the  reputation  of  the  house  evidence  of  its  character 
and  of  that  of  the  women  resorting  to  it.— Code  Commissioner's 
Note. 

Cal.  Eep.  Cit.     88,  102;   147,  292. 

§  316.  Keeping  disorderly  houses.  Every  person  who 
keeps  any  disorderly  house,  or  any  house  for  the  purpose 
of  assignation  or  prostitution,  or  any  house   of  public   re- 


§§  317-319  LOTTERIES.  ,  134 

sort,  by  which  the  peace,  comfort,  or  decency  of  the  im- 
mediate neighborhood  is  habitually  disturbed,  or  who  keeps 
anj"-  inn  in  a  disorderly  manner;  and  every  person  who  lets 
any  apartment  or  tenement,  knowing  that  it  is  to  be  used 
for  the  purpose  of  assignation  or  prostitution,  is  guilty  of 
a  misdemeanor.  En.  February  14,  1872.  Am'd.  1873-4, 
430. 

Cal.  Eep.  Cit.     114,  93;    127,  35;    147,  292;   147,  545. 

§  317.  Advertising  to  produce  miscarriage.  Every"  per- 
son who  willfully  writes,  composes,  or  publishes  any  no- 
tice or  advertisement  of  any  medicine,  or  means  for  pro- 
ducing or  facilitating  a  miscarriage  or  abortion,  or  for 
the  prevention  of  conception,  or  who  offers  his  services  by 
any  notice,  advertisement,  or  otherwise,  to  assist  in  the 
accomplishment  of  any  such  purpose,  is  guilty  of  a  felony. 
En.  Stats.  1873-4,  430. 

§  318.  Enticing  to  place  of  gambling  or  prostitution. 
Whoever,  through  invitation  or  device,  prevails  upon  any 
person  to  visit  any  room,  building,  or  other  places  kept 
for  the  purposes  of  gambling  or  prostitution,  is  guilty 
of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be 
confined  in  the  county  jail  not  exceeding  six  months,  or 
fined  not  exceeding  five  hundred  dollars,  or  be  punished 
by  both  such  fine  and  imprisonment.     En.  Stats.  1880,  40. 


CHAPTER  IX. 

LOTTERIES. 

§  319.  Lottery   defined. 

§  320.  Punishment    for   drawing   lottery. 

§  321.  Punishment    for    selling    lottery' tickets. 

§  322.  Aiding    lotteries. 

§  323.  Lottery    offices.     Advertising   lottery   offices. 

§  324.  Insuring   lottery    tickets.     Publishing   offers    to   insure. 

§  325.  Property  offered   for   disposal  in  lottery  forfeited. 

§  326.  Letting    building    foi'    lottery   purposes. 

§  319.  Lottery  defined.  A  lottery  is  any  scheme  for  the 
disposal  or  distribution  of  property  by  chance,  among  per- 
sons who  have  paid  or  promised  to  pay  any  valuable  con- 
sideration for  the  chance  of  obtaining  such  property  or  a 
portion  of  it,  or  for  any  share  or  any  interest  in  such 
property,  upon  any  agreement,  understanding,  or  expecta- 
tion that  it  is  to  be  distributed  or  disposed  of  by  lot   or 


135  LOTTERIES.  §§  320-3ai 

chance,  whether  called  a  lottery,  raffle,  or  gift  enterprise, 
or  by  whatever  name  the  same  may  be  known.  En.  Feb- 
ruary 4,  1872. 

Cal.  Eep.  Cit.  68,  289;   70,  633. 

§  320.  Punishment  for  drawing  lottery.  Every  person 
who  contrives,  prepares,  sets  up,  proposes,  or  draws  any 
lottery,  is  guilty  of  a  misdemeanor.     En.  February  14,  1872. 

Cal.  Eep.  Cit.  91,  440. 

§  321.  Punishment  for  selling  lottery  tickets.  Every 
person  who  sells,  gives,  or  in  any  manner  whatever  fur- 
nishes or  transfers  to  or  for  any  other  person  any  ticket, 
chance,  share,  or  interest,  or  any  paper,  certificate,  or  in- 
strument purporting  or  understood  to  be  or  to  represent 
any  ticket,  chance,  share,  or  interest  in,  or  depending 
upon  the  event  of  any  lottery,  is  guilty  of  a  misdemeanor. 
En.  February  14,  1872. 

Cal.  Eep.  Cit.     70,  633;  92,  652. 

§  322.  Aiding  lotteries.  Every  person  who  aids  or  as- 
sists, either  by  printing,  writing,  advertising,  publishing, 
or  otherwise,  in  setting  up,  managing,  or  drawing  any 
lottery,  or  in  selling  or  disposing  of  any  ticket,  chance, 
or  share  therein,  is  guilty  of  a  misdemeanor.  En.  February 
14,  1872.  .     ^    ^ 

§  323.  Lottiery  offices.  Advertising  lottery  offices.  Every 
person  who  opens,  sets  up,  or  keeps,  by  himself  or  by  any 
other  person,  any  office  or  other  place  for  the  sale  of,  or 
for  registering  the  number  of  any  ticket  in  any  lottery, 
or  who,  by  printing,  writing,  or  otherwise,  advertises  or 
publishes  the  setting  up,  opening,  or  using  of  any  such 
office,  is  guilty  of  a  misdemeanor.     En  February  14,  1872. 

§  324.  Insuring  lottery  tickets.  Publishing  offers  to  in- 
sure. Every  person  who  insures  or  receives  any  con- 
sideration for  insuring  for  or  against  the  drawing  of  any 
ticket  in  any  lottery  whatever,  whether  drawn  or  to  be 
drawn  within  this  state  or  not,  or  who  receives  any  valu- 
able consideration  upon  any  agreement  to  repay  any  sum, 
or  deliver  the  same,  or  any  other  property,  if  any  lottery 
ticket  or  number  of  any  ticket  in  any  lottery  shall  prove 
fortunate    or    unfortunate,    or    shall    be    drawn    or    not    be 


§§  325-330  GAMING.  136 

drawn,  at  any  particular  time  or  in  any  particular  order, 
or  who  promises  or  agrees  to  pay  any  sum  of  money,  or  to 
deliver  any  goods,  things  in  action,  or  property,  or  to 
forbear  to  do  anything  for  the  benefit  of  any  person,  with 
or  without  consideration,  upon  any  event  or  contingency, 
dependent  on  the  drawing  of  any  ticket  in  any  lottery,  or 
who  publishes  any  notice  or  proposal  of  any  of  the  pur- 
poses aforesaid,  is  guilty  of  a  misdemeanor.  En.  February 
14,  1872. 

§  325.  Property  offered  for  disposal  in  lottery  forfeited. 
All  moneys  and  property  offered  for  sale  or  distribution  in 
violation  of  any  of  the  provisions  of  this  chapter  are  for- 
feited to  the  state,  and  may  be  recovered  by  information 
filed,  or  by  any  action  brought  by  the  attorney-general, 
or  by  any  district  attorney,  in  the  name  of  the  state. 
Upon  the  filing  of  information  or  complaint,  the  clerk 
of  the  court,  or  if  the  suit  be  in  a  justice 's  court,  the 
justice,  must  issue  an  attachment  against  the  property 
mentioned  in  the  complaint  or  information,  which  attach- 
ment has  the  same  force  and  effect  against  such  property, 
and  is  issued  in  the  same  manner,  as  attachments  issued 
from  the  district  courts  in  civil  cases.  En.  February  14, 
1872. 

§  326.  Letting  building  for  lottery  purposes.  Every  per- 
son who  lets,  or  permits  to  be  used,  any  building  or  vessel, 
or  any  portion  thereof,  knowing  that  it  is  to  be  used  for 
setting  up,  managing,  or  drawing  any  lottery,  or  for  the 
purpose  of  selling  or  disposing  of  lottery  tickets,  is  guilty 
of  a  misdemeanor.     En.  February  14,  1872. 

Cal.  Eep.  Cit.  68,  289;  91,  440;  93,  439. 


CHAPTER  X. 

GAMING. 

§  330.  Gaming   prohibited.    Penalty. 

§  331.  Permitting    gambling   in   houses    owned   or   rented. 

§  332.  Winning  at   play   by   fraudulent   means. 

§  333.  Witnesses  neglecting  or  refusing  to  attend   trial. 

§  334.  Witness'    privilege. 

§  335.  Duties    of    district   attorneys,    sheriffs,    and    others. 

§  336.  Permitting  minor  to  play   in  saloon. 

§  337.  Pretending   to   give   authority    to   conduct    games. 

§  330.     Gaming  prohibited.     Penalty.     Every  person  who 
deals,   plays,   or   carries   on,   opens,   or   causes   to   be   opened, 


137  GAMING.  §§  331-333 

or  who  conducts,  either  as  owner  or  employee,  whether 
for  hire,  or  not,  any  game  of  faro,  monte,  roulette,  lans- 
quenet, rouge  et  noir,  rondo,  tan,  fan-tan,  stud-horse  poker, 
seven-and-a-half,  twenty-one,  hokey-pokey,  or  any  banking 
or  percentage  game  played  with  cards,  dice,  or  any  de- 
vice, for  money,  checks,  credit,  or  other  representative  of 
value,  and  every  person  who  inlays  or  bets  at  or  against 
any  of  said  prohibited  games,  is  guilty  of  a  misdemeanor, 
and  shall  be  punishable  by  a  fine  not  less  than  one  hundred 
dollars  nor  not  more  than  five  hundred  dollars,  or  by  im- 
prisonment in  the  county  jail  not  exceeding  six  months,  or 
by  both  such  fine  and  imprisonment.  En.  February  14, 
1872.     Am'd.  1885,  135;   1891,  57. 

Cal.  Eep.  Cit.  47,  128;   53,  247;   60,  82;   63,  299;  63,  300; 

63,   301;   64,   157;   64,  158;   64,  159;   64,   162;  70,  516; 

80,  155;   82,   182;   84,  166;   84,   167;   85,  581;  128,  29; 
137,  16. 

§  331.    Permitting  gambling  in  houses  owned  or  rented. 

Every  person  who  knowingly  permits  any  of  the  games 
mentioned  in  the  preceding  section  to  be  played,  con- 
ducted, or  dealt  in  any  house  owned  or  rented  by  such 
person,  in  whole  or  in  part,  is  punishable  as  provided  in 
the  preceding  section.     En.  February  14,  1872. 

§  332.  Winning  at  play  by  fraudulent  means.  Every 
person  who,  by  the  game  of  "three-card  monte"  so-called, 
or  any  other  game,  device,  sleight  of  hand,  pretensions  to 
fortune-telling,  trick,  or  other  means  whatever,  by  use  of 
cards  or  other  implements  or  instruments,  or  while  bet- 
ting on  sides  or  hands  of  any  such  play  or  game,  fraudu- 
lently obtains  from  another  person  money  or  property  of 
any  description,  shall  be  punished  as  in  case  of  larceny 
of  property  of  like  value.  En.  February  14,  1872.  Am'd. 
1877-8,  115;  1880,  40. 

Cal.  Eep.  Cit.  107,  152;   110,  601;   110,  602;   110,  603;  122, 
357. 

§  333.    Witnesses  neglecting  or  refusing  to  attend  trial. 

Every  person  duly  summoned  as  a  witness  for  the  prose- 
cution, on  any  proceedings  had  under  this  chapter,  who 
neglects  or  refuses  to  attend,  as  required,  is  guilty  of  a 
misdemeanor.     En.  February  14,  1872. 


§§  334-337  GAMING.  138 

§  334.  Witness's  privilege.  No  person,  otherwise  compe- 
tent as  a  witness,  is  disqualified  from  testifying  as  such 
concerning  the  offense  of  gaming,  on  the  ground  that 
such  testimony  may  criminate  himself;  but  no  prosecution 
can  afterward  be  had  against  him  for  any  offense  concern- 
ing which  he  testified.     En.  February  14,  1872, 

§  335.     Duties  of  district  attorneys,  sheriffs,  and  others. 

Every  district  attorney,  sheriff,  constable,  or  police  officer 
must  inform  against  and  diligently  prosecute  persons 
whom  they  have  reasonable  cause  to  believe  offenders 
against  the  provisions  of  this  chapter,  and  every  such 
ofiicer  refusing  or  neglecting  so  to  do,  is  guilty  of  a  mis- 
demeanor.    En.  February  14,   1872. 

Cal.  Eep.  Cit.  147,  529;  147,  533. 

§  336.  Permitting  minor  to  play  in  saloon.  Every  own- 
er, lessee,  or  keeper  of  any  house  used  in  whole,  or  in 
part,  as  a  saloon  or  drinking-place,  who  knowingly  per- 
mits any  person  under  twenty-one  years  of  age  to  play 
at  any  game  of  chance  therein,  is  guilty  of  a  misdemeanor. 
En.  Stats.  1873-4,  461. 

§  337.    Pretending  to  give  authority  to  conduct   games. 

Every  state,  county,  city,  city  and  county,  town,  or  town- 
ship officer,  or  other  person  who  shall  ask  for,  receive, 
or  collect  any  money,  or  other  valuable  consideration, 
either  for  his  own  or  the  public  use,  for  and  with  the  un- 
derstanding that  he  will  aid,  exempt,  or  otherwise  assist 
any  person,  from  arrest  or  conviction  for  a  violation  of 
section  three  hundred  and  thirty  of  the  Penal  Code;  or 
who  shall  issue,  deliver,  or  cause  to  be  given  or  delivered 
to  any  person  or  persons  any  license,  permit,  or  other 
privilege,  giving  or  pretending  to  give  any  authority  or 
right  to  any  person  or  persons  to  carry  on,  conduct,  open, 
or  cause  to  be  opened,  any  game  or  games  which  are 
forbidden  or  prohibited  by  section  three  hundred  and 
thirty  of  said  code;  and  any  of  such  officer  or  officers 
who  shall  vote  for  the  passage  of  any  ordinance  or  by-law, 
giving,  granting,  or  pretending  to  give  or  grant  to  any 
person  or  persons  any  authority  or  privilege  to  open, 
carry  on,  conduct,  or  cause  to  be  opened,  carried  on,  or 
conducted,  any  game  or  games  prohibited  by  said  section 
three  hundred  and  thirty  of  the  Penal  Code,  is  guilty  of 
a  felony.     En.  Stats.  1885,  113. 


130  PAWNBROKERS.  §§  338-341 

CHAPTEE  XI. 

PAWNBROKERS. 

§  338.     Pawnbroking  without  license. 

S  339.     Failing   to    keep   a   register. 

§  340.     Cliarging    unlawful    rate    of    interest. 

§  341.  Selling  before  time  of  redemption  has  expired,  or  without  no- 
tice. 

§  342.     Refusing   to   disclose    particulars   of   sale. 

§  343.  Refus'ng  to  allow  an  officer  with  search-warrant  to  inspect 
register    of   pledged    articles. 

§  344.     Junk   dealcis,    application   of   code   sections   to. 

§  338.  Pawnbroking  without  license.  Every  person  who 
carries  on  the  business  of  a  pawnbroker,  by  receiving 
goods  in  pledge  for  loans  at  any  rate  of  interest  above  the 
rate  of  ten  per  cent  per  annum,  except  by  authority  of  a 
license,  is  guilty  of  a  misdemeanor.     En.  February  14,  1872. 

Pledge  from  minor  under  sixteen:   See  post,  see.  501. 

Pledge:  See  Civ.  Code,  sees.  2986-3011. 

§  339.  Failing  to  keep  a  register.  Every  person  who 
carries  on  the  business  of  a  pawnbroker,  who  fails  at  the 
time  of  the  transaction  to  enter  in  a  register  kept  by  him 
for  that  purpose,  in  the  English  language,  the  date,  dura- 
tion, amount,  and  rate  of  interest  of  every  loan  made  by 
him,  or  an  accurate  description  of  the  property  pledged, 
or  the  name  and  residence  of  the  pledgor,  or  to  deliver 
to  the  pledgor  a  written  copy  of  such  entry,  or  to  keep 
an  account  in  writing  of  all  sales  made  by  him,  is  guilty 
of  a  misdemeanor.     En.  February  14,   1872. 

This   section   applies  to   junk  dealers;    See  post,   sec.   344. 

§  340.  Charging  unlawful  rate  of  interest.  Every  pawn- 
broker who  charges  or  receives  interest  at  the  rate  of  more 
than  two  per  cent  per  month,  or  who,  by  charging  com- 
missions, discount,  storage,  or  other  charge,  or  by  com- 
pouriiling  increases,  or  attempts  to  increase  such  interest, 
is  guilty  of  a  misdemeanor.  En.  February  14,  1872.  Am'd. 
1881,  75. 

Cal.  Rep.  Cit.  67,  360. 

§  341.  Selling  before  time  of  redemption  has  expired, 
or    without    notice.      Every    pawnbroker      who      sells      any 


§§  342-344  PAWNBROKERS.  140 

article  pledged  to  him  and  unredeemed,  until  it  liaa  re- 
mained in  his  possession  six  months  after  the  last  day 
fixed  by  contract  for  redemption,  or  who  makes  any  sale 
without  publishing  in  a  newspaper  printed  in  the  city, 
town,  or  county,  at  least  five  days  before  such  sale,  a  no- 
tice containing  a  list  of  the  articles  to  be  sold  and  speci- 
fying the  time  and  place  of  sale,  is  guilty  of  a  misde- 
meanor.    En.  February  14,  1872. 

§  342.  Refusing  to  disclose  particulars  of  sale.  Every 
pawnbroker  who  willfully  refuses  to  disclose  to  the  pledgor 
or  his  agent  the  name  of  the  purchaser  and  the  price 
received  by  him  for  any  article  received  by  him  in  pledge 
and  subsequently  sold,  or  who,  after  deducting  from  the 
proceeds  of  any  sale  the  amount  of  the  loan  and  interest 
due  thereon,  and  four  per  cent  on  the  loan  for  expenses 
of  sale,  refuses,  on  demand,  to  pay  the  balance  to  the 
pledgor  or  his  agent,  is  guilty  of  a  misdemeanor.  En. 
February   14,  1872. 

This   section   applies   to   junk  dealers:   See  post,   sec.   344. 

§  343.  Refusing  to  allow  an  officer  •with  search-warrant 
to  inspect  register  of  pledged  articles.  Every  pawnbroker 
who  fails,  refuses,  or  neglects  to  product  for  inspection  his 
register,  or  to  exhibit  all  articles  received  by  him  in  pledge, 
or  his  account  of  sales,  to  any  officer  holding  a  warrant  au- 
thorizing him  to  search  for  personal  property,  or  the  order 
of  a  committing  magistrate  directing  such  officer  to  inspect 
such  register,  or  examine  such  articles  or  account  of  sales, 
or  appointed  by  the  sheriff  of  the  county  or  the  head  of  the 
police  department  of  any  city,  city  and  county,  or  town  to 
inspect  such  register,  or  examine  such  articles  or  account  of 
sales,  is  guilty  of  a  misdemeanor.  En.  February  14,  1872. 
Am'd.  1905,  668. 

The  change  consists  in  the  insertion,  after  the  word  "sales,"  of  the 
words  "or  appointed  by  the  sheriff  of  the  county,  or  the  head 
of  the  police  department  of  any  city,  city  and  county,  or  town,  to 
inspect  such  registry,  or  examine  such  articles  on  account  of  sales.  " 
The  change  is  suggested  and  advocated  by  the  sheriffs'  organization 
of    this    state.— Code    Commissioner's   Note. 

§  344.    Junk    dealers,    application    of    code     sections     to. 

Sections  three  hundred  and  thirty-nine,  and  three  hundred 
and  forty-two,  and  three  hundred  and  forty-three  of  the 
Penal  Code  are  applicable  to  the  persons  carrying  on  the 
business    of    junk    dealers,    their   clerks,    employees,    or   ser- 


141  OTHER    INJURIES    TO   PERSONS.  §§  346,  347 

vants,  and  to  persons  acting  as  brokers  or  commission 
agents  for  such  persons,  and  apply  to  their  transactions 
of  purchase  and  sale  as  well  as  to  those  of  pledge  or  mort- 
En.  Stats.  1901,  75, 


CHAPTER  Xn. 

OTHER    INJURIES    TO   PERSONS. 

§  346.    Acts   of    Intoxicated   physicians. 

§  347.    Willfully   poisoning  food,    medicine,    or   water. 

§  347a.  Poisonous    substance.     Sale    of. 

§  348.     Mismanagement   of  steamboats. 

§  349.     Mismanagement    of    steam-boilers. 

§  349a.  Frauds  in  stamping  and  labeling  produce  and  manufactured 
goods. 

§  350.     Counterfeiting   tra'de-marks. 

§  351.     Selling   goods   whicli    bear   counterfeit   trade-marks. 

§  352.    Definition    of    "counterfeited    trade-marks,"    etc. 

§  353.     "Trade-mark"    defined. 

§  354.    Refilling   casks,    etc.,   bearing  trade-mark. 

§  354-/4.  Selling  or  refilling  casks,  etc.,  containing  trade-mark. 

§  354%.  Destroying    or    defacing    trade-mark. 

§  355.  Defacing  marks  upon  wrecked  property  and  'destroying  bills  of 
lading. 

§  356.    Defacing   marks   upon   logs,    lumber,    or   wood. 

§  357.    Altering   brands. 

§  357%.  Changing  or  defacing  brands  on  domestic  animals  a  misde- 
meanor. 

§  35S.    Frauds  in   affairs   of  special   partnership. 

§  359.     Contracting   or   solemnizing   forbidden   marriages. 

§  360.  Performing  marriage  ceremony  before  license  is  presented;  fail- 
ure to  record  license  and  marriage  certificate.  False  record 
of   marriage    return. 

5  361.    Cruel  treatment   of  lunatics,    etc. 


§  362 

§  3<!3, 

§  364 

§  365 

§  366 

9  367 


Refusing  to   issue   or   obey  writ   of   habeas   corpus. 
Reconflning   persons    discharged    on    habeas   corpus. 
Concealing   persons   entitled    to   benefit   of   habeas   corpus. 
Innkeepers  and  carriers  refusing  to  receive  guests. 
Counterfeiting   quicksilver   stamps. 
Selling   debased   quicksilver. 


§  367a.     Unauthorized    use    of    dramatic    or    musical   compositions. 

§  346.  Acts  of  intoxicated  physicians.  Every  physician 
who,  in  a  state  of  intoxication,  docs  any  act  as  such  phy- 
sician to  another  person  by  which  the  life  of  such  other 
person  is  endangered,  is  guilty  of  a  misdemeanor.  En. 
February   14,   1872. 

§  347.    Willfully    poisoning   food,     medicine,    or     water. 

Every   person   who    willfully   mingles   any   poison   with   any 


§§  347a  OTHER    INJURIES   TO   PERSONS.  143 

food,  drink,  or  medicine,  witli  intent  that  the  same  shall  be 
taken  by  any  human  being,  to  his  injury,  and  every  per- 
son who  willfully  poisons  any  spring,  well,  or  reservoir  of 
water,  is  punishable  by  imprisonment  in  the  state  prison 
for  a  term  not  less  than  one  nor  more  than  ten  years. 
En.  February  14,  1872. 

Act   to   regulate   sale   of   poisons:    See     post,     Appendix, 
title  Poisons. 

§  347a.  Poisonous  substance,  sale  of.  No  person  must 
retail  any  arsenic,  corrosive  sublimate,  hydrocyanic  acid, 
cyanide  of  potassium,  strychnia,  essential  oil  of  bitter  al- 
monds, opium,  aconite,  belladonna,  conium,  nux  vomica, 
henbane,  tansy,  savin,  ergot,  cottonroot,  digitalis,  chloro- 
form, chloral  hydrate,  or  any  preparation,  compound,  salt, 
extract  or  tincture,  of  such  substances,  except  preparations 
of  opium  containing  less  than  two  grains  to  the  fluid  ounce, 
white  precipitate,  red  precipitate,  red  and  green  iodides  of 
mercury,  colchicum,  cantharides,  oxalic  acid,  croton  oil,  sul- 
phate of  zinc,  sugar  of  lead,  carbolic  acid,  sulphuric  acid, 
muriatic  acid,  nitric  acid,  phosphorus,  or  any  preparation, 
compound,  salt,  extract,  or  tincture,  of  such  substances, 
without  first  distinctly  labeling  the  bottle,  box,  vessel,  or 
package,  and  the  wrapper  or  cover  thereof,  in  which  such 
substance  is  contained,  with  the  common  or  usual  name 
thereof,  together  with  the  word  "poison,"  and  the  name 
and  place  of  business  of  the  seller.  Nor  must  any  such 
sale  be  made  to  any  person,  unless  it  is  found,  on  due  in- 
quiry, that  he  is  aware  of  its  poisonous  character,  and  that 
it  is  to  be  used  for  a  legitimate  purpose.  Nor  must  any  per- 
son retail  any  of  such  substances,  unless,  before  delivering 
the  same,  he  makes,  or  causes  to  be  made,  in  a  book  kept  for 
that  purpose  only,  an  entry  stating  the  date  of  the  sale,  the 
name  and  address,  of  the  purchaser,  the  name  and  quantity 
of  the  substance  sold,  the  purpose  for  which  it  is  stated  by 
the  purchaser  to  be  required,  and  the  name  of  the  dispenser. 
Such  book  must  always  be  open  to  inspection  by  the  proper 
authorities.  A  person  dispensing  any  of  the  substances  enu- 
merated must  ascertain,  by  due  inquiry,  whether  the  name 
and  address  given  by  the  person  receiving  the  same  are  his 
true  name  and  address,  and  for  that  purpose  may  require 
such  person  to  be  identified.  Every  person  who  violates  any 
of  the  provisions  of  this  section  is  guilty  of  a  misdemeanor, 
and  punishable  by  a  fine  not  exceeding  five  hundred  dollars 


143  OTHER   INJURIES    TO   PERSONS.  §§  348-349a 

or  by  imprisonment  in  the  county  jail  not  exceeding  six 
months,  or  by  both  such  fine  and  imprisonment.  Nothing  in 
this  section  contained  applies  to  the  prescriptions  of  any 
physician  authorized  to  practice  medicine  under  the  laws  of 
this  state.     En.  Stats.  1905,  765. 

This    is    a    codification    of    tlie    existing    statute    (ISSO,    page    102.)— Code 
Commissioner's    Note. 

§  348,  Mismanagement  of  steamboats.  Every  captain  or 
other  person  having  charge  of  any  steamboat  used  for  the 
conveyance  of  passengers,  or  of  the  boilers  and  engines 
thereof,  who,  from  ignorance  or  gross  neglect,  or  for  the 
purpose  of  excelling  any  other  boat  in  speed,  creates,  or 
allows  to  be  created,  such  an  undue  quantity  of  steam  as 
to  burst  or  break  the  boiler,  or  any  apparatus  or  machin- 
ery connected  therewith,  by  which  bursting  or  breaking 
human  life  is  endangered,  is  guilty  of  a  felony.  En.  Febru- 
ary  14,   1872.      Am'd.   1873-4,  431. 

§  349.  Mismanagement  of  steam-boilers.  Every  engineer 
or  other  person  having  charge  of  any  steam-boiler,  steam- 
engine,  or  other  apparatus  for  generating  or  employing 
steam,  used  in  any  manufactory,  railway,  or  other  mechan- 
ical w^orks,  who  willfully,  or  from  ignorance,  or  gross  neg- 
lect, creates,  or  allows  to  be  created  such  an  undue 
quantity  of  steam  as  to  burst  or  break  the  boiler  or  en- 
gine, or  apparatus,  or  cause  any  other  accident  whereby 
human  life  is  endangered,  is  guilty  of  a  felony.  En.  Feb- 
ruary 14,  1872.     Am'd.  1873-4,  431. 

As  to  personal  injuries,  see  Civ.  Code,  sees.  43,  1708,  1714, 
1969-1971,  2096,  2100. 

§  349a.  Frauds  in  stamping  and  labeling  produce  and 
manufactured  goods.  Any  person  engaged  in  the  production, 
manufacture,  or  sale  of  any  article  of  merchandise  made  in 
whole  or  in  part  in  this  state,  who,  by  any  imprint,  label, 
trademark,  tag,  stamp,  or  other  inscription  or  device,  placed 
or  impressed  upon  such  article,  or  upon  the  cask,  box,  case, 
or  package  containing  the  same,  misrepresents  or  falsely 
states  the  kind,  character,  or  nature  of  the  labor  employed 
or  used,  or  the  extent  of  the  labor  employed  or  used,  or  the 
number  or  kind  of  persons  exclusively  employed  or  used,  or 
that  a  particular  or  distinctive  class  or  character  of  laborers 
was  wholly  and  exclusively  used  or  employed,  when,  in  fact, 
another   class,   or   character,   or   distinction   of   laborers  was 


§§  350,  351  OTHER    INJURIES    TO    PERSONS.  144 

used  or  employed,  either  jointly  or  in  anywise  supplementary 
to  such  exclusive  class,  character,  or  distinction  of  laborers, 
in  the  production  or  manufacture  of  the  article  to  which 
such  imprint,  label,  trademark,  tag,  stamp,  or  other  inscrip- 
tion or  device  is  affixed,  or  upon  the  cask,  box,  case,  or  pack- 
age containing  the  same,  is  guilty  of  a  misdemeanor,  and 
punishable  by  a  fine  of  not  less  than  fifty  nor  more  than  five 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  for 
not  less  than  twenty  nor  more  than  ninety  days,  or  both. 
En.  States.  1905,  669. 

This   is   a   codification   of   the   statute   of  1S77-8,   page  17.— Code   Commis- 
sioner's  Note. 

§  350.  Counterfeiting  trade-marks.  Every  person  who 
willfully  reproduces,  copies,  imitates,  forges,  or  counter- 
feits, or  procures  to  be  reproduced,  copied,  imitated,  forged, 
or  counterfeited,  any  trade-mark  usually  affiixed  by  any 
person  to  his  goods,  which  has  been  duly  recorded  in  the 
office  of  the  Secretary  of  State,  or  with  the  Commissioner 
of  Patents  in  the  United  States  Patent  Office,  or  any  label 
or  brand,  composed  in  whole  or  in  part  of  a  reproduction 
of  said  trade-mark,  or  who  affixes  the  same  to  goods  of 
essentially  the  same  descriptive  properties  and  qualities 
as  those  referred  to  in  the  registration  of  such  trade-mark, 
with  intent  to  pass  off,  or  to  assist  other  persons  to  pass 
off,  any  goods  to  which  such  reproduced,  copied,  imitated, 
forged,  or  counterfeited  trade-mark,  or  label,  or  brand  is 
affixed,  or  intended  to  be  affixed,  as  the  goods  of  the  per- 
son, firm,  company,  or  corporation  owning  the  said  trade- 
mark, is  guilty  of  a  misdemeanor.  En.  February  14,  1872. 
Am'd.   1885,  57,-   1897,  212. 

Act  to  prevent  fraud  in  stamping  and  labeling  produce 
and  manufactured  goods:  See  post,  Appendix,  title  Manu- 
factured Goods. 

Trade-marks:    See    Civ.    Code,    sees.    655,    991;    and    Pol. 

Code,  sees.  3196-3201. 

§  351.     Selling  goods  which  bear  counterfeit  trade-marks. 

Every  person  who  sells,  or  keeps  for  sale,  or  manufactures, 
or  prepares,  for  the  purpose  of  sale,  any  goods  upon  or 
to  which  any  reproduced,  copied,  imitated,  forged,  or  coun- 
terfeited trade-mark,  or  l^bel,  or  brand,  composed  in  whole 
or  in  part  of  such  a  reproduced,  copied,  imitated,  forged,  or 
counterfeited  trade-mark,  has  been  affixed,  after  such  trade- 


145  OTHER   INJURIES   TO  PERSONS.  §§  352-354 

mark  has  been  recorded  in  the  office  of  the  secretary  of 
state,  or  with  the  commissioner  of  patents  in  the  United 
States  patent  office,  intending  to  represent  such  goods  as 
the  genuine  goods  of  the  person,  firm,  company,  or  corpora- 
tion owning  the  said  trade-mark,  knowing  the  same  to  be 
reproduced,  copied,  imitated,  forged,  or  counterfeited,  is 
guilty  of  a  misdemeanor.  En.  February  1,  1872.  Am'd. 
1885,  57;   1897,  213. 

Genuineness  of  trade-mark  warranted  by  sale  of  article 
bearing  it:   Civ.  Code,  sec.  1772. 

§  352.  Definition  of  "counterfeited  trade-marks,"  etc. 
The  phrases  "forged  trade-mark"  and  "counterfeited  trade- 
mark," or  their  equivalents,  as  used  in  this  chapter,  include 
every  alteration  or  imitation  of  any  trade-mark  so  re- 
sembling the  original  as  to  be  likely  to  deceive.  En.  Feb. 
ruary   14,  1872. 

Cal.  Eep.  Cit.  43,  167;  64,  342. 

§  353.  "Trade-mark"  defined.  The  phrase  "trade-mark," 
as  used  in  the  three  preceding  sections,  includes  every  de- 
scription of  word,  letter,  device,  emblem,  stamp,  imprint, 
brand,  printed  ticket,  label,  or  wrapper  usually  affixed  by 
any  mechanic,  manufacturer,  druggist,  merchant,  or  trades- 
man, to  denote  any  goods  to  be  goods  imported,  manufac- 
tured, produced,  compounded,  or  sold  by  him,  other  than 
any  name,  word,  or  expression  generally  denoting  any 
goods  to  be  of  some  particular  class  or  description.  En. 
February  14,  1872. 

§  354.  Refilling  casks,  etc.,  bearing  trade-mark.  Every 
person  who  has  in  his  possession,  or  who  uses  any  cask, 
bottle,  vessel,  case,  cover,  label,  brand,  or  other  thing  bear- 
ing, or  having  in  any  way  connected  with  it,  the  trade-mark 
of  another,  which  has  been  duly  recorded  in  the  office  of 
the  secretary  of  state,  or  with  the  commissioner  of  pat- 
ents in  the  United  States  patent  office,  or  the  trade  name 
of  another,  for  the  purpose  of  disposing  of  any  article  other 
than  that  which  such  cask,  bottle,  vessel,  case,  cover,  label, 
brand,  or  other  thing  originally  contained,  or  is  connected 
with  by  the  owner  of  such  trade-mark  or  trade  name,  with 
intent  to  deceive  or  defraud,  is  guilty  of  a  misdemeanor. 
En.  February  14,  1872.     Am'd.  1897,  213. 

Cal.  Eep.  Cit.  128,  443. 

Counterfeiting  trade-marks:  Ante.  sees.  350,  351. 

Pen.  Code— 10 


§§  33414-357  OTHER   INJURIES   TO   PERSONS.  146 

§  35^1/2.  Selling  or  refilling  casks,  etc.,  containing  trade- 
mark. Every  person  who  willfully  sells,  or  traffics  in  any 
f-ask,  keg,  bottle,  vessel,  siphon,  can,  case,  or  other  pack- 
age bearing  the  duly  filed  trade-mark  or  name  of  another, 
printed,  branded,  stamped,  engraved,  etched,  blown,  or 
otherwise  attached  or  produced  thereon,  or  refiJls  any  such 
cask,  keg,  bottle,  vessel,  siphon,  can,  case,  or  other  pack- 
age with  intent  to  defraud  the  owner  thereof,  without  the 
consent  of  the  owner  thereof,  or  unless  the  same  shall  have 
been  purchased  from  the  owner  thereof,  is  guilty  of  a  mis- 
demeanor.    En.  Stats.   1899,  103. 

§  35434.  Destroying  or  defacing  trade-jnark.  Every  per- 
son who  shall  willfully  deface,  erase,  obliterate,  cover  up, 
or  otherwise  remove,  destroy,  or  conceal  the  duly  filed 
trade-mark,  or  name  of  another,  printed,  branded,  stamped, 
engraved,  etched,  blown,  impressed,  or  otherwise  attached 
to,  or  produced  upon  any  cask,  keg,  bottle,  vessel,  siphon, 
can,  ease,  or  other  package,  for  the  purpose  of  selling  or 
trafficking  in  such  cask,  keg,  bottle,  vessel,  siphon,  can, 
case,  or  other  package,  or  refilling  such  cask,  keg,  bottle, 
vessel,  siphon,  can,  case,  or  other  package,  with  intent 
to  defraud  the  owner  thereof,  without  the  consent  of  the 
owner,  or  unless  the  same  shall  have  been  purchased  from 
the  owner,  is  guilty  of  a  misdemeanor.     En.  Stats.  1899,  86. 

§  355.  Defacing  marks  upon  wrecked  property  and  de- 
stroying bills  of  lading.  Every  person  who  defaces  or  ob- 
literates the  marks  upon  •vvTecked  property,  or  in  any  man- 
ner disguises  the  appearance  thereof,  with  intent  to  prevent 
the  owner  from  discovering  its  identity,  or  who  destroys 
or  suppresses  any  invoice,  bill  of  lading,  or  other  document 
tending  to  show  the  ownership,  is  guilty  of  a  misde- 
meanor.    En.  February  14,  1872. 

Wrecks  and  wrecked  property:  Pol.  Code,  sees.  2403,  et  seq. 

§  356.  Defacing  marks  upon  logs,  lumber,  or  wood.  Every 
person  who  cuts  out,  alters,  or  defaces  any  mark  made  upon 
any  log,  lumber,  or  wood,  or  puts  a  false  mark  thereon  with 
intent  to  prevent  the  owner  from  discovering  its  identity, 
is  guilty  of  a  misdemeanor.     En.  February  14,  1872. 

Floating  lumber:   Pol.  Code,  sees.  2389  et  seq. 

§  357.  Altering  brands.  Every  person  who  marks  or 
brands,  alters,  or  defaces  the  mark  or  brand  of  any  horse. 


147  OTHER   INJURIES    TO    PERSONS.  §§  3571/2-360 

mare,  colt,  jack,  jennet,  mule,  bull,  ox,  steer,  cow,  or  calf 
belonging  to  another,  with  intent  thereby  to  steal  the  same, 
or  to  prevent  identification  thereof  by  the  true  owner,  is 
punishable  by  imprisonment  in  the  state 's  prison  for  not 
less  than  one  nor  more  than  five  years.  En.  February  14, 
1872.     Am'd.  1901,  329. 

Cal.  Eep.  Cit.  144,  47;  145,  111. 

Marks  and  brands:   Pol.   Code,   sees.   3167-3172,   3182-3185. 

§  3571/2.  Changing  or  defacing  brands  on  domestic  ani- 
mals a  misdemeanor.  Every  person  who  marks  or  brands, 
alters  or  defaces  the  mark  or  brand  of  any  sheep,  goat, 
hog,  shoat,  or  pig  belonging  to  another,  with  intent  thereby 
to  steal  the  same,  or  to  prevent  identification  thereof  by 
the  true  owner,  is  guilty  of  a  misdemeanor.  En.  Stats. 
1901,  327. 

§  358.  Frauds  in  affairs  of  special  partnership.  Every 
member  of  a  special  partnership  who  commits  any  fraud 
in  the  affairs  of  the  partnership,  is  guilty  of  a  misdemeanor. 
En.  February  14,  1872. 

Special  partnership:  See  Civ.  Code,  sees.  2477  et  seq. 

§  359.  Contracting  or  solemnizing  forbidden  marriages. 
Every  person  authorized  to  solemnize  marriage,  who  will- 
fully and  knowingly  solemnizes  a;ny  incestuous  or  other 
marriage  forbidden  by  law,  is  punishable  by  fine  of  not 
less  than  one  hundred  nor  more  than  one  thousand  dollars, 
or  by  imprisonment  in  the  county  jail  not  less  than  three 
months  nor  more  than  one  year,  or  by  both.  En.  February 
14,  1872. 

Cal.  Eep.  Cit.  75,  12. 

Incestuous  marriage  defined:  See  Civ.  Code,  sec.  59. 

Punishment  of  parties  to  incestuous  marriage:  See  ante, 
sec.  285, 

§  360.  Performing  marriage  ceremony  before  license  is 
presented;  failure  to  record  license  and  marriage  certificate; 
false  record  of  marriage  return.  Every  person  authorized  to 
solemnize  any  marriage,  who  solemnizes  such  marriage  with- 
out first  being  presented  with  the  marriage  license,  as  re- 
quired by  section  seventy-two  of  the  Civil  Code  of  this  state, 


§§  361-363  OTHER   INJURIES   TO    PERSONS.  145 

or  who  willfully  makes  a  false  return  of  any  marriage  or 
pretended  marriage  to  the  recorder;  or  who,  having  solemn- 
ized a  marriage,  fails  for  more  than  thirty  days,  to  file  with 
such  recorder  the  marriage  license  with  the  certificate  en- 
dorsed thereon,  as  required  by  sections  seventy-three  and 
seventy-four  of  the  Civil  Code  of  this  state;  and  every  per- 
son who  willfully  makes  a  false  record  of  any  marriage 
return,  is  punishable  as  provided  m  the  preceding  section. 
En.  February  14,  1872.     Am'd  1905,  669. 

The  change  consists  of  the  clause  making  it  criminal  to  solemnize  a 
marriage  without  being  first  presented  with  a  marriage  license,  and 
the  clause  making  it  criminal  to  fail  to  file  for  record  the  marriage 
license  and  the  certificate  of  marriage.  The  last  of  these  amend- 
ments, besides  being  otherwise  proper,  is  necessary  in  order  to  give 
effect  to  the  amendment  to  section  79a  of  the  Civil  Code,  which  pro- 
vides that  a  license  must  be  procured  in  every  case,  and  regardless 
of  whether  the  parties  are,  or  are  not,  members  of  some  particular 
religious  denomination  having,  as  such,  some  peculiar  mode  of  cele- 
brating  marriage. — Code    Commissioner's   Note. 

Cal.  Eep.  Cit.  75,  12. 

Certificate  of  marriage:  Civ.  Code,  sec.  73. 

Eccording  certificate  of  marriage:  Civ.  Code,  sec.  74. 

Person  authorized  to  solemnize  marriage:  Civ.  Code,  sec. 
70. 

§  361.  Cruel  treatment  of  lunatics,  etc.  Every  person 
guilty  of  any  harsh,  cruel,  or  unkind  treatment  of,  or  any 
neglect  of  duty  towards,  any  idiot,  lunatic,  or  insane  person, 
is  guilty  of  a  misdemeanor.     En.  February  14,  1872. 

§  362.  i.iefusing  to  issue  or  obey  writ  of  habeas  corpus. 
Every  of&cer  or  person  to  whom  a  writ  of  habeas  corpus 
may  be  directed,  who,  after  service  thereof,  neglects  or  re- 
fuses to  obey  the  command  thereof,  is  guilty  of  a  misde- 
meanor,    ajn.  February   14,    1872. 

§  362.  Refusing  to  issue  or  obey  writ  of  habeas  corpus. 
Every  person  who,  either  solely  or  as  member  of  a  court, 
knowingly  and  unlawfully  recommits,  imprisons,  or  restrains 
of  his  liberty,  for  the  same  cause,  any  person  who  has  been 


140  OTHER   INJURIES   TO   PERSONS.  §§  364-366 

discharged   upon   a   writ    of   habeas   corpus,   is   guilty    of   a 
misdemeanor.     En.  February  14,  1872, 

False  imprisonment:  See  post,  sec.  236. 

Habeas  corpus,  writ  of:  Post,  sees.  1473  et  seq. 

§  364.  Concealing  persons  entitled  to  benefit  of  habeas 
corpus.  Every  person  having  in  his  custody,  or  under  his 
restraint  or  power,  any  person  for  whose  relief  a  writ  of 
habeas  corpus  has  been  issued,  who,  with  the  intent  to 
elude  the  service  of  such  writ,  or  to  avoid  the  effect  there- 
of, transfers  such  person  to  the  custody  of  another,  or 
places  him  under  the  power  or  control  of  another,  or 
conceals  or  changes  the  place  of  his  confinement  or  re- 
straint, or  removes  him  without  the  jurisdiction  of  the 
court  or  judge  issuing  the  writ,  is  guilty  of  a  misdemeanor. 
En.  February  14,  1872. 

Habeas  corpus:  See  chapter  concerning  the  writ  of:  Post, 
sees.   1473   et  seq. 

§  365.  Innkeepers  and  carriers  refusing  to  receive  guests. 
Every  person,  and  every  agent  or  officer  of  any  corporation 
carrying  on  business  as  an  innkeeper,  or  as  a  common  car- 
rier of  passengers,  who  refuses,  without  just  cause  or  excuse, 
to  receive  and  entertain  any  guest,  or  to  receive  and  carry 
any  passenger,  is  guilty  of  a  misdemeanor.  En.  February 
14,   1872. 

Common  carriers  of  passengers:  Civ.  Code,  sees.  2168-2176, 
2180-2191. 

Pankeepers:  Civ  Code,  sees.  1859  et  seq. 

Act  punishing  refusal  to  sell  ticket:  See  post,  Appendix, 
title  Emigration. 

§  366.  Counterfeiting  quicksilver  stamps.  Every  person 
who  counterfeits,  or  who  willfully  uses  the  counterfeited  seal 
or  stamp  of  any  person  engaged  in  manufacturing  or  selling 
quicksilver,  is  guilty  of  a  felony.     En.  February  14,  1872. 

See  ante,  sees.  349,  350. 


§§  367-367a  OTHER   INJURIES   TO   PERSONS.  IW 

§  367.  Selling  debased  quicksilver.  Every  person  who 
willfully  sells,  or  offers  for  sale  as  pure,  any  debased  or 
adulterated  quicksilver,  is  guilty  of  a  misdemeanor.  En. 
February  14,  1872. 

See  ante,  sees.  350  et  seq. 

§  367a.  Unauthorized  use  of  dramatic  or  musical  com- 
positions. Any  person  who  causes  to  be  publicly  performed 
or  represented  for  profit  any  unpublished  or  undedicated 
dramatic  composition  or  dramatic-musical  composition  known 
as  an  opera,  without  the  consent  of  its  owner  or  proprietor, 
or  who,  knowing  that  such  dramatic  or  musical  composition 
is  unpublished  or  undedicated,  and  without  the  consent  of  its 
owner  or  proprietor,  permits,  aids,  or  takes  part  in  such  a 
performance  or  representation,  or  who  sells  a  copy  or  a  sub- 
stantial copy  of  any  unpublished,  undedicated  or  copyrighted 
dramatic  composition,  or  musical  or  dramatic-musical  compo- 
sition, known  as  an  opera,  without  the  consent  of  the  author 
or  proprietor  of  such  dramatic  or  dramatic-musical  compo- 
sition shall  be  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof,  shall  be  fined  not  less  than  fifty  (50)  dollars, 
and  not  more  than  three  hundred  (300)  dollars,  or  be  im- 
prisoned for  not  less  than  thirty  (30)  days  or  more  than 
three  (3)  months,  or  both  such  fine  and  imprisonment.  En. 
.Stats.  1905,  248. 


o    ^tudent,    or   being    a 

that  injures,    •^^^^^^^'feliow  student  or  peison  ^  ^^ 

,.,,ae,  or  ;^^;^X/:e%uilty  of  a  -Isy-eanor,  an  ^   ^^^^ 
=^^  ^"^'^TaU  t  fined  not  less   than  mv  n  .^.^ 

-';;rd^:d1oiiars^or   -Pnsoned  .^ti  ^^  ^^^^  ^_  ,,, 


151  CRIMES    AGAINST    PUBLIC    HEALTH. 

TITLE  X. 

OF     CRIMES     AGAINST     THE      PUBLIC      HEALTH     AND      SAFETY. 

§  36S.     Death    from    explosions,    etc. 

§  369.     Death    from   collision    on   railroads. 

§  369a.  Street-cars    to   have   proper   brakes   and    fenders. 

§  369b.  Transportation  of  cattle,  etc. ;  confinement  without  unloading 
and  feeding;   charges  a  lien  upon  animals. 

§  369d.  Closing    of    gates    at    railroad    crossings. 

§  369e.  Animals    feeding    along    railroad    tracks. 

§  369f.  Railroad   employee   intoxicated   while   on   duty. 

§  369g.  Driving    vehicles   along    track    of    railroad. 

§  370.     "Public   nuisances"    defined. 

§  371.     Unequal   damage. 

§  372.    Maintaining   a   nuisance,    a   misdemeanor. 

§  373.     Establishing   or    keeping    pest-houses    within    cities,    towns,    etc. 

§  373a.   Public    nuisance;    penalty. 

§  374.     Putting   dead    animals   in    streets,    rivers,    etc. 

§  374%.  Discharging    coal    tar    or    similar    products    in    navigable    waters. 

§  375.     Keeping   gunpowder,    etc.,    unlawfully. 

§  375a.  Record    of    sale    of    explosives. 

§  376.     Violation    of   quarantine   laws    by    masters   of   vessels. 

§  377.     Willful   violation    of   health    laws. 

§  377a.  State  Board  of  Health,  violation  of  rules  of,  relating  to  quar- 
antine,   etc. 

§  377b.  State  Board  of  Health,  violation  of  rules  of,  relating  to  pollu- 
tion   of   water. 

§  377c.  State  Board  of  Health,  violation  of  rules  of,  relating  to  pollu- 
tion  of   ice. 

§  378.     Neglecting   to    peiform    duties    under   health    law. 

§  379.     Unlicensed    piloting. 

§  380.  Apothecary  omitting  to  label  drugs,  or  labeling  them  wrong- 
fully,   etc. 

§  381.  Putting  extraneous  substances  in  packages  of  goods  usually 
sold    by    weight,    with    intent    to    increase    weight. 

§  381a.  Inaccurate   or   fals3   tests   as   to   dairy   products,    penalty. 

§  381b.  .State    dairy    bureau. 

§  382.     Adulterating    food,    drug.s,    liquor?,    etc. 

§  383.  Disposing  of  adulterated  or  tainted  food  or  drink  or  drug; 
"drug,"     "food"    defined. 

§  3S3a.  Sale  of  process   or  renovated   butter. 

§  3S4.     Setting    Are    to    woods,    grain,    etc. 

§  384a.  Keeping   fires  within   certain  limits. 

§  384b.  Camp   fire. 

§  3S4c.  Animals    injured    by   persons   hunting. 

§  385.     Obstructing   attempts    to   extinguish    fires. 

§  386.     Maintaining    bridge    or    ferry    without    authority. 

§  387.     Violating   conditio.i    of    undertaking    to    keep    ferry. 

§  388.     Riding  or  driving  faster  than  a   walk  on   toll-bridges. 

§  389.     Crossing   toll-bridge.?,    etc.,    without   paying   toll. 

§  390.  Engineer  of  locomotive  engine  omitting  to  ring  bell  when  cross- 
ing highway. 

§  391.  Intoxication  of  engineeis,  conductors,  or  drivers  of  locomotivea 
or   cars. 

§  392.     Placing  passenger  cars  in  front  of   freight  cars. 

§  393.     Violation   of   duty   by   employees  of   railroad    companies. 

§  394.  Exposing  person  infected  with  any  contagious  disease  in  a  pub- 
lic   place. 

§  395.     Frauds  practiced   to   affect  the  market   price. 


§§  368-369a  CRIMES   AGAINST    PUBLIC   HEALTH.  152 

§  396.     Racing    upon    highways. 

§  397.     Selling  liquor   to   Indians. 

§  39Tb.  Liquors.  Selling  of  to  minors,  permitting  minor  to  visit  sa- 
loons; note  to  apply  to  parents. 

§  398.     Selling  firearms  and   ammunition   to   Indians. 

§  399.    Death   from   mischievous  animals. 

§  400.     Exhibiting    deformities    of    person. 

§  400.     Aiding   or    encouraging   suicide    a    felony. 

§  401.     Aiding    in    suicide. 

§  401a.  Cubic   feet  of  space   in  rooms. 

§  402.    Using  or   exposing  animal  with  glanders. 

§  402%.  Adulterating   candy. 

§  4021^.  Animal    having   glanders   to   be   killed. 

§  402%.  Unsafe    scaffoifiing,    penalty    for    erecting.      ^ 

§  402a.  Adulteration    of   candies. 

§  402b.  Disease!   animal   to   be   killed. 

§  402c.  LTnsafe   scaffolding,    ladders,   etc. 

§  402d.  Animals  affected  with  contagious  diseases  to  be  kept  within  en- 
closure. 

§  368.  Death  from  explosions,  etc.  Every  person  hav- 
ing charge  of  any  steam-boiler  or  steam-engine,  or  other 
apparatus  for  generating  or  employing  steam,  used  in  any 
manufactory,  or  on  any  railroad,  or  in  any  vessel,  or  in  any 
kind  of  mechanical  '.vork,  who  willfully,  or  from  ignorance 
or  neglect,  creates,  or  allows  to  be  created,  such  an  undue 
quantity  of  steam  as  to  burst  or  break  the  boiler,  engine, 
or  apparatus,  or  to  cause  any  other  accident  whereby  the 
death  of  a  human  being  is  produced,  is  punishable  by  im- 
prisonment in  the  state  prison  for  not  less  than  one  nor 
more  than  ten  years.     En.  February  14,  1872. 

Act  to  protect  life  and  property  against  careless  use  of 
explosives:   See  post.  Appendix,  title  Explosives. 

§  369.  Death  from  collision  on  railroads.  Every  con- 
ductor, engineer,  brakeman,  switchman,  or  other  person 
having  charge,  wholly  or  in  part,  of  any  railroad,  car,  loco- 
motive, or  train,  who  (^willfully)  or  negligently  suffers  or 
causes  the  same  to  collide  with  another  car,  locomotive, 
or  train,  or  with  any  other  object  or  thing  whereby  the 
death  of  a  human  being  is  produced,  is  punishable  by  im- 
prisonment in  the  state  prison  for  not  less  than  one  nor 
more  than  ten  years.     En.  February  14,  1872. 

§  369a.     Street-cars  to  have  proper  brakes   and  fenders. 

Any  person,  company,  or  corporation,  operating  cars  on  the 
streets  of  cities  or  towns,  or  on  the  county  roads  within  the 
state,  for  the  conveyance  of  passengers,  propelled  by  means 
of  wire  ropes  attached  to  stationary  engines,  or  by  elec- 
tricity or  compressed  air,  who  runs,  operates,  or  uses  any  car 
or  dummy,  unless  each  car  and  dummy,  while  in  use,  is  fitted 


15:J  CRIMES    AGAINST    PUBLIC    HEALTH.  §§  369b-369e 

with  a  brake  capable  of  bringing  such  car  to  a  stop  within 
a  reasonable  distance,  and  a  suitable  fender,  or  appliance 
placed  in  front  or  attached  to  the  trucks  for  such  dummy  or 
car,  for  the  purpose  of  removing  and  clearing  obstructions 
from  the  track,  and  preventing  any  obstacles,  obstructions, 
or  person  on  the  track  from  getting  under  such  dummy  or 
car,  and  removing  the  same  out  of  danger,  and  out  of  the 
way  of  such  dummy  or  car,  is  guilty  of  a  misdemeanor. 
Where  the  board  of  supervisors  of  any  county,  or  the  city 
council  or  other  governing  body  of  any  city,  by  ordinance, 
order,  or  resolution,  prescribes  the  fender  or  brake  to  be 
used  as  afoi'csaid,  then  a  compliance  with  such  ordinance, 
order,  or  resolution  must  be  deemed  a  full  compliance  with 
the  provisions  of  this  section.     En.  Stats.  1905,  766. 

This    is    a    codification    of    the    statute    of    lS9fl,    page    1S3. — Code    Commis- 
sioner's  Note. 

§  369b.  Transportation  of  cattle,  etc.,  confinement  with- 
out  unloading  and  feeding;    charges   a  lien   upon   animals. 

Any  officer,  agent  or  conductor  of  any  company  or  person 
operating  any  railroad  in  this  state,  who  in  carrying  and 
transporting  cattle,  sheep,  or  swine  in  carload  lots,  confines 
the  same  in  cars  for  a  longer  j^eriod  than  thirty-six  consecu- 
tive hours,  without  unloading  for  rest,  water  and  feeding, 
for  a  period  of  at  least  ten  consecutive  hours,  is  guilty  of  a 
misdemeanor.  In  estimating  such  time  of  confinement,  the 
period  during  which  the  animals  have  been  confined  without 
such  rest  on  connecting  roads  from  which  they  are  received, 
must  be  computed.  In  case  the  owner  or  person  in  charge 
of  such  animals  refuses  or  neglects  to  pay  for  the  care  and 
feed  of  animals  so  rested,  the  company  or  person  operating 
such  railroad  may  charge  the  expense  thereof  to  the  owner 
or  consignee  and  retain  a  lien  upon  the  animals  thereof  un- 
til the  same  is  paid.     En.  Stats.  1905,  672. 

This  is  a  codification   of   the   statute   of   1877-8,    page  9G9.— Code   Commis- 
sioner's   Note. 

§  369d.  Closing  of  gates  at  railroad  crossings.  Any  per- 
son who  enters  upon  or  crosses  any  railroad,  at  any  private 
passway,  which  is  inclosed  by  bars  or  gates,  and  neglects  to 
leave  the  same  securely  closed  after  him,  is  guilty  of  a  mis- 
demeanor.    En.  Stats.  1905,  766. 

SC'Jd,    363e,    369f,    869g.     Codification   of   police    regulations    in    the    statut-i 
of    1S77-S,    page   il(i;i.— Code   Commissioner's    Note. 

§  369e.  Animals  feeding  along  railroad  tracks.  Any  per- 
son  who   leads,   drives,   or   conducts   any   beast     along      the 


§5  :?fi9f-370  CRIMES    AGAINST    PUBLIC    HEALTH.  154 

track  of  a  railroad,  except  where  the  railroad  is  built  within 
the  limits  of  a  public  highway,  or  who  places,  or  having  the 
right  to  prevent  it,  suffers  any  animal  to  be  placed  within 
the  fences  thereof  for  grazing  or  other  purposes,  is  guilty 
of  a  misdemeanor.  En.  Stats.  1905,  767. 
See  note  to  §  369d,  ante. 

§  369f.     Railroad  employee  intoxicated  while  on  duty.  Any 

person  employed  upon  any  railroad  as  engineer,  conductor, 
baggage-master,  brakeman,  switchman,  fireman,  bridge- 
tender,  flagman,  or  signalman  or  having  charge  of  the  regu- 
lation or  running  of  trains  upon  such  railroad,  in  any  man- 
ner whatever,  who  becomes  or  is  intoxicated  while  engaged 
in  the  discharge  of  his  duties,  is  guilty  of  a  misdemeanor; 
and  if  any  person  so  employed  as  aforesaid,  by  reason  of 
such  intoxication,  does  any  act,  or  neglects  any  duty,  which 
act  or  neglect  causes  the  death  of,  or  bodily  injury  to,  any 
person  or  persons,  he  is  guilty  of  a  felony.  En.  Stats.  1905, 
767. 

See  note  to  §  369d,  ante. 

§  369g.     Driving  vehicles   along  track   of  railroad.     Any 

person  who  rides,  drives,  or  propels  any  vehicle  upon  and 
along  the  track  of  any  railroad,  through  or  over  its  private 
right  of  way,  without  the  authorization  of  its  superinten- 
dent or  other  officer  in  charge  thereof,  is  guilty  of  a  mis- 
demeanor. En.  Stats.  1905,  767. 
See  note  to  §  369d,  ante. 

§  370.  "Public  nuisances"  defined.  Anything  which  is 
injurious  to  health,  or  is  indecent,  or  offensive  to  the 
senses,  or  an  obstruction  to  the  free  use  of  property,  so  as 
to  interfere  with  the  comfortable  enjoyment  of  life  or 
property  by  an  entire  community  or  neighborhood,  or  by 
any  considerable  number  of  persons,  or  unlawfully  obstructs 
the  free  passage  or  use,  in  the  customary  manner,  of  any 
navigable  lake,  or  river,  bay,  stream,  canal,  or  basin,  or 
iinv  public  park,  square,  street,  or  highway,  is  a  public 
nuisance.     En.  February  U,  1872.     Am'd.  1873-4,  431. 

Cal.    Eep.    Cit.    68,   413;    72,    53;    87,   92;    87,   93;    87,   96; 

92,  574;  107,  481;  113,  150;  116,  399;  121,  513. 
Public  nuisance:   Compare  with  Civ.  Code,  sec.  3480.     See 
also,  sees.  3490-3495  of  that  code  upon  this  subject  generally. 
Nuisance  defined:  See  Code  Civ.  Proc,  sec.  731. 


372a  (new).  It  shall  be  a  misdemeanor  for  any  person 
o  discharge  mucus  from  the  nose  or  mouth  or  spit  upon 
,ny  sidewalk,  of  any  public  street  or  highway  or  upon  any 
■art  of  any  public  building  or  railroad  train,  street  car. 
tage,  ferryboat,  steamer,  boat  or  other  vessel  or  vehicle 
sed  for  the  transportation  of  the  public.  (In  effect  March 
,   1907.) 


155  CRIMES    AGAINST    PUBLIC    HEALTH.  §§  371-374 

§  371.  Unequal  damage.  An  act  which  affects  an  entire 
commnnity  or  neighborhood,  or  any  considerable  number 
of  persons,  as  specified  in  the  last  section,  is  not  less  a  nuis- 
ance because  the  extent  of  the  annoyance  or  damage  in- 
flicted upon  individuals  is  unequal.  En.  February  14,  1872. 
Am'd.  1873-4,  432. 

§  372.  Maintaining  a  nuisance,  a  misdemeanor.  Every 
person  who  maintains  or  commits  any  public  nuisance,  the 
punishment  for  which  is  not  otherwise  prescribed,  or  who 
willfully  omitc  to  perform  any  legal  duty  relating  to  the 
removal  of  a  public  nuisance,  is  guilty  of  a  misdemeanor. 
En.  February   14,   1872. 

Cal.  Eep.  Cit.  72,  53;  87,  92;  87,  93;  92,  574. 

§  373.  Establishing  or  keeping  pest-houses  within  cities, 
towns,  etc.  Every  person  who  establishes  or  keeps,  or  causes 
to  be  established  or  kept,  within  the  limits  of  any  city, 
town,  or  village,  any  pest-house,  hospital,  or  place  for  per- 
sons affected  with  contagious  or  infectious  diseases,  is  guilty 
of  a  misdemeanor.     En.  February  14,  1872. 

§  373a.  Public  nuisance;  penalty.  Every  person  who 
maintains,  permits,  or  allows  a  public  nuisance  to  exist 
upon  his  or  her  property  or  premises,  and  every  person 
occupying  or  leasing  the  property  or  premises  of  another 
who  maintains,  permits  or  allows  a  public  nuisance  to  exist 
thereon,  after  reasonable  notice  in  writing  from  a  health 
officer  or  district  attorney  to  remove,  discontinue  or  abate 
the  same  has  been  served  upon  such  person,  is  guilty  of  a 
misdemeanor,  and  shall  be  punished  ficcordingly;  and  the 
existence  of  such  nuisance  for  each  and  every  day  after 
the  service  of  such  notice  shall  be  deemed  a  separate  and 
distinct  offense,  and  it  is  hereby  made  the  duty  of  the 
district  attorney  to  prpsecute  all  persons  guilty  of  violat- 
ing this  section  by  continuous  prosecutions  until  the  nui- 
sance is  abated  and  removed.     En.  Stats.  1903,  163. 

§  374.  Putting  dead  animals  in  streets,  rivers,  etc. 
Every  person  who  puts  the  carcass  of  any  dead  animal, 
or  the  offal  from  any  slaughter  pen,  corral,  or  butcher-shop, 
into  any  river,  creek,  pond,  reservoir,  stream,  street,  alley, 
public  highway,  or  road  in  common  use,  or  who  attempts 
to  destroy  the  same  by  fire  within  one-fourth  of  a  mile 
of  any  city,  town,  or  village,  except  it  be   in  a  crematory. 


;s  ^^-I'i,  375  CRIMES    AGAINST    PUBLIC    HEALTH.  156 

the  construction  and  operation  of  which  is  satisfactory  to 
the  board  of  health  in  such  city,  town,  or  village;  and  any 
person  who  puts  any  water-closet  or  privy,  or  the  carcass 
of  any  dead  animal,  or  any  oflPal  of  any  kind,  in  or  upon 
the  borders  of  any  stream,  pond,  lake,  or  reservoir  from 
which  water  is  drawn  for  the  sujjply  of  the  inhabitants 
of  any  city,  city  and  county,  or  any  town  in  this  state, 
so  that  the  drainage  from  such  water-closet,  privy,  car- 
cass, or  offal  may  be  taken  up  by  or  in  such  stream,  pond, 
lake,  or  reservoir;  or  who  allows  any  water-closet  or 
privy,  or  carcass  of  any  dead  animal,  or  any  offal  of  any 
kind,  to  remain  in  or  upon  the  borders  of  any  such  stream, 
pond,  lake,  or  reservoir  within  the  boundaries  of  any 
land  owned  or  occupied  by  him,  so  that  the  drainage  from 
such  water-closet,  privy,  carcass,  or  offal  may  be  taken  up 
by  or  in  such  stream,  pond,  lake,  or  reservoir;  or  who  keeps' 
any  horses,  mules,  cattle,  swine,  sheep,  or  live-stock  of  any 
kind,  penned,  corralled,  or  houses  on,  over,  or  on  the 
borders  of  any  such  stream,  pond,  lake,  or  reservoir,  so 
that  the  waters  thereof  become  polluted  by  reason 
thereof;  or  who  bathes  in  any  such  stream,  pond,  lake, 
or  reservoir;  or  who  by  any  other  means  fouls  or  pollutes 
the  waters  of  anj^  such  stream,  pond,  lake,  or  reservoir,  is 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  as  prescribed  in  section  three  hundred  and 
seventv-seven.  En.  Febrnarv  14,  1872.  Am'd.  1875-6,  111; 
1893,  66;  1905,  767. 

The    change   consists   in   the   substitution   of   the    word    "crematory"    for 
"cemetery." — Co'Je     C6mmissioner's     Note. 

Cal.  Eep.  Cit.  105,  637;  107,  226;  115,  450;  115,  451;  136,  16. 

§  374'/2.  Dischapging  coal  tar  or  similar  products  in 
navigable  waters.  Every  person,  firm,  association,  or  cor- 
poration which  shall  discharge  or  deposit,  or  shall  cause 
or  suffer  to  be  discharged  or  deposited,  or  to  pass,  in  or 
into  the  waters  of  any  navigable  bay,  or  river,  in  this 
state,  any  coal  tar  or  refuse  or  residuary  product  of  coal, 
petroleum,  asphalt,  bitumen  or  other  carbonaceous  ma- 
terial or  substance,  is  guilty  of  a  misdemeanor,  and  for 
each  offense  is  punishable  by  imprisonment  in  the  county 
jail  for  not  exceeding  one  year,  or  by  fine  not  exceeding 
one  thousand  dollars,  or  bj^  both  such  fine  and  imprison- 
ment.    En.  Stats.   1901,  813. 

§  375.  Keeping  gunpowder,  etc.,  unlawfully.  Every  per- 
son   who    makes    or    keeps    gunpowder,    nitro-glycerine,      or 


374.  Every  person  who  puts  the  carcass  of  any  dead 
animal,  or  the  offal  from  any  slaughter  pen,  corral,  or 
butcher  shop  into  any  river,  creek,  pond,  reservoir,  stream, 
street,  alley,  public  highway,  or  road  in  common  use,  or 
who  attempts  to  destroy  the  same  by  fire  within  one  fourth 
of  a  mile  of  any  city,  town,  or  village,  except  it  be  in  a 
crematory,  the  construction  and  operation  of  which  is  satis- 
factory to  the  board  of  health  of  such  city,  town,  or  village; 
and  every  person  who  puts  any  water-closet  or  privy,  or 
the  carcass  of  any  dead  animal,  or  any  offal  of  any  kind, 
in  or  upon  the  borders  of  any  stream,  pond,  lake,  or  reser-. 
voir  from  which  water  is  drawn  for  the  supply  of  any 
portion  of  the  inhabitants  of  this  state,  so  that  the  drainage 
^f  such  water-closet,  privy,  carcass  or  offal  may  be  taken 
up  by  or  in  such  stream,  pond,  lake,  or  reservoir;  or  who 
allows  any  water-closet  or  privy,  or  carcass  of  any  dead 
animal,  or  any  offal  of  any  kind,  to  remain  in  or  tpon  the 
borders  of  any  such  stream,  pond,  lake,  or  reservoir  within 
the  boundaries  of  any  land  owned  or  occupied  by  him,  so 
that  the  drainage  from  any  such  water-closet,  privy,  car- 
cass, or  offal,  may  be  taken  up  by  or  in  such  stream,  pond, 
lake,  or  reservoir;  or  who  keeps  any  horses,  mules,  cattle, 
swine,  sheep,  or  live  stock  of  any  kind,  penned,  corralled, 
or  housed  on,  over,  or  on  the  borders  of  any  such  stream, 
pond,  lake,  or  reservoir,  so  that  the  waters  thereof  become 
polluted  by  reason  thereof;  or  who  bathes  in  any  such 
stream,  pond,  lake,  or  reservoir;  or  who  by  any  other  means 
fouls  or  pollutes  the  waters  of  any  such  stream,  pond,  lake, 
or  reservoir,  is  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  punished  as  prescribed  in  section 
three  hundred  and  seventy-seven.     (In  effect  March  1,  1907.) 


157  CRIMES    AGAINST    PUBLIC    HEALTH.  §  375a 

other  higlily  explosive  substance,  within  any  city  or  town, 
or  who  carries  the  same  through  the  streets  thereof,  in 
any  quantity  or  manner  such  as  is  prohibited  by  law,  or 
by  any  ordinance  of  such  city  or  town,  is  guilty  of  a  mis- 
demeanor.    En.  February  14,  1872. 

§  375a.  Record  of  sale  of  explosives.  It  is  the  duty  of 
each  and  every  person,  association,  joint  stock  company, 
and  corporation,  manufacturing,  storing,  selling,  transfer- 
ring, disposing  of,  or  in  any  manner  dealing  in,  or  with, 
or  using,  or  giving  out  nitro-glycerine,  dynamite,  vigorite, 
hercules  powder,  giant  powder,  or  other  high  explosive,  by 
whatever  name  known,  to  keep  at  all  times  an  accurate 
journal,  or  book  of  record,  in  which  must  be  entered,  from 
time  to  time,  as  it  is  made,  each  and  every  sale,  delivery, 
transfer,  gift,  or  other  disposition  made  by  such  person, 
firm,  association,  joint  stock  company,  or  corporation,  in 
the  course  of  business  or  otherwise,  of  any  quantity  of  such 
explosive  substance.  Such  journal  or  record  book  must 
show,  in  a  legible  handwriting,  to  be  entered  therein  at 
the  time,  a  complete  history  of  each  transaction,  stating 
the  name  and  quantity  of  the  explosive  sold,  delivered, 
given  away,  transferred,  or  otherwise  disposed  of;  the 
name,  place  of  residence,  or  business  of  the  purchaser,  or 
transferee;  the  name  of  the  individual  to  whom  delivered, 
with  his  or  her  address,  with  a  description  of  such  individ- 
ual sufficient  for  identification.  Such  journal  or  record  book 
must  be  kept  by  the  person,  firm,  association,  joint  stock 
company,  or  corporation  so  selling,  delivering,  or  otherwise 
disposing  of  such  explosive  substance,  or  substances,  in  his 
or  their  principal  office  or  place  of  business  at  all  times 
subject  to  the  inspection  and  examination  of  the  peace  offi- 
cers, or  other  police  authorities  of  the  state,  county,  or  mu- 
nicipality where  the  same  is  situated,  on  proper  demand 
made  therefor.  Any  failure  or  neglect  to  keep  such  book, 
or  to  make  the  proper  eutries  therein  at  the  time  of  the 
transaction,  as  herein  provided,  or  to  exhibit  the  same  to 
the  peace  officers  or  other  police  authorities  on  demand,  is 
deemed  a  misdemeanor,  and  punishable  accordingly.  In  ad- 
dition to  such  punishment,  and  as  a  cumulative  penalty,  such 
person,  firm,  association,  joint  stock  company,  or  corpora- 
tion so  offending,  shall  forfeit,  for  each  offense,  the  sum  of 
two  hundred  and  fifty  dollars,  to  be  recovered  in  any  court 
of  competent  jurisdiction.  The  party  instituting  an  action 
for  such  forfeiture  shall  not  be  entitled  to  dismiss  the 
same   without   consent   of   the   court   before   which   the   suit 


§§  376,  377  CRIMES   AGAINST   PUBLIC   HEALTH.  15S 

has  been  instituted.  Nor  shall  any  judgment  recovered  be 
settled,  satisfied,  or  discharged,  save  by  order  of  such  court, 
after  full  payment  into  court,  and  all  moneys  so  collected 
must  be  paid  to  the  party  bringing  the  suit.  En.  Stats.  1905, 
768. 

This  is  a  codification  of  sections  1,  2,  3,  and  4  of  the  statute  of  1SS7, 
page    110. — Code    Commissioner's    Note. 

§  376.  Violation  of  quarantine  laws  by  master  of  vessel. 
Every  master  of  a  vessel  subject  to  quarantine  or  visita- 
tion by  the  quarantine  officer,  who  refuses  or  omits: 

1.  To  proceed  with  and  anchor  his  vessel  at  the  place  as- 
signed for  quarantine,  at  the  time  of  his  arrival; 

2.  To  submit  his  vessel,  cargo,  and  passengers  to  the  ex- 
amination of  the  quarantine  officer,  and  to  furnish  all  neces- 
sary information  to  enable  that  officer  to  determine  to 
what  length  of  quarantine  and  other  regulations  they  ought, 
respectively,  to   be  subject;   or, 

3.  To  remain  with  his  vessel  at  the  quarantine  during  the 
period  assigned  for  her  quarantine,  and  while  at  quarantine 
to  comply  with  the  regulations  prescribed  by  law,  and  with 
such  as  any  health  officer,  by  virtue  of  authority  given  him 
by  law,  shall  prescribe  in  relation  to  his  vessel,  his  cargo, 
himself,  his  passengers,  or  crew; 

Is  punishable  by  imprisonment  in  the  county  jail  not  ex- 
ceeding one  year,  or  by  fine  not  exceeding  two  thousand 
dollars,  or  both.  En.  February  14,  1872.  Am'd.  1877-8, 
116;  1905,  769. 

The  change  consists  in  the  omission  after  the  word  "officer,"  of  the 
words  "arriving  in  the  port  of  San  Francisco,"  thus  making  the 
statute    general. — Code    Commissioner's    Note. 

Quarantine  and  health  regulations  for  San  Erancisco: 
Pol.   Code,   sees.   3004   et  seq. 

Shipmaster's  duties:  Pol.  Code,  sees.  3013,  3014,  3016- 
3019. 

§  377.  Willful  violation  of  health  laws.  Every  person 
who  is  charged  with  a  duty  relating  to  the  registration  of 
deaths,  under  chapter  three,  title  seven,  of  the  act  to  es- 
tablish a  Political  Code,  approved  March  12th,  eighteen 
hundred  and  seventy-two,  who — • 

1.  Willfully  fails  to  keep  a  registry  of  the  name,  age, 
residence,  and  time  of  death  of  a  decedent;  or, 

2.  Willfully  fails  to  register  with  the  county  recorder 
a  certified  copy  of  such  register,  as  is  provided  for  in 
said  chapter;  or, 


139  CRIMES    AGAINST    PUBLIC    HEALTH.  §§  377a-377c 

3.  Willfully  inters,  cremates,  or  otherwise  disposes  of 
any  human  laody,  in  any  city,  county,  or  city  and  county, 
without  having  first  obtained  a  permit,  as  provided  for 
in   said   chapter;    or, 

4.  Willfully  grants  a  permit  for  the  interment,  crema- 
tion, or  disposition  of  a  dead  human  body,  without  the  cer- 
tificate provided  for  in  said  chapter;   or, 

5.  Willfully  violates  any  of  the  laws  of  this  state  re- 
lating to  the   preservation  of  the   public  health; 

Is  guilty  of  a  misdemeanor,  and  is,  unless  a  different 
punishment  for  such  violation  is  prescribed  by  this  code, 
punishable  by  imprisonment  in  the  county  jail  not  ex«eed- 
ing  one  year,  or  by  fine  not  exceeding  one  thousand  dol- 
lars, or  by  both  si;ch  fine  and  imprisonment.  En.  February 
14,    1872.     Am'd.   1889,   34. 

Cal.  Eep.  Cit.  68,  413;  84,  306;  84,  310. 
Preservation    of   public    health:    Pol.    Code,    sees.    2978    et 
seq. 

§  377a.  State  board  of  health,  violation  of  rules  of,  re- 
lating to  quarantine,  etc.  Every  person  who  after  notice 
shall  violate,  or  who,  upon  the  demand  of  any  public  health 
officer,  shal  refuse  or  neglect  to  conform  to  any  rule,  order 
or  regulation  prescribed  by  the  state  board  of  health  re- 
specting the  quarantine,  or  disinfection  of  persons,  animals, 
things  or  places,  shall  be  guilty  of  a  misdemeanor.  En. 
Stats.   1905,   143. 

§  377b.  State  board  of  health,  violation  of  rules  of,  re- 
lating to  pollution  of  water.  Any  person  who  shall  violate 
or  refuse  or  neglect  to  conform  to  any  sanitary  rule,  order 
or  regulation  prescribed  by  the  state  board  of  health  for 
the  prevention  of  the  pollution  of  springs,  streams,  rivers, 
lakes,  wells,  or  other  waters  used  or  intended  to  be  used 
for  human  or  animal  consumption  shall  be  guilty  of  a  mis- 
demeanor.    En.  Stats.  1905,  138. 

§  377c.  State  board  of  health,  violation  of  rules  of,  re- 
lating to  pollution  of  ice.  Any  person  who  shall  violate,  or 
refuse,  or  neglect,  to  conform  to  any  sanitary  rule,  order  or 
regulation  jjrescribed  by  the  state  board  of  health  for  the 
prevention  of  the  pollution  of  ice  or  the  sa-le  or  disposition 
of  polluted  ice  offered,  kept  or  intended  for  public  use  or 
consumption,  shall  be  guilty  of  n,  misdemeanor.  En.  Stats. 
1905,    138. 


§§  37S-381  CRIMES    AGAINST    PUBLIC    HEALTH.  160 

§  378.  Neglecting  to  perforin  duties  under  health  law. 
Every  person  charged  with  the  performance  of  any  duty 
under  the  laws  of  this  state  relating  to  the  preservation 
of  the  public  health,  who  willfully  neglects  or  refuses  to 
perform  the  same,  is  guilty  of  a  misdemeanor.  En.  Feb- 
ruary 14,  1872. 

Cal.   Eep.   Cit.   84,   310. 

Preservation  of  public  health:  See  Pol.  Code,  sees.  2978- 
3064. 

§  379.  Unlicensed  piloting.  Every  person,  not  the  mas- 
ter or  owner,  or  not  authorized  to  act  as  pilot  under  the 
laws  of  this  state,  who  pilots  or  offers  to  pilot  any  vessel 
to  or  from  any  port  of  this  state  for  which  there  are  com- 
missioned or  licensed  pilots,  or  who  pilots  or  offers  to  pilot 
any  vessel  to  or  from  any  port  other  than  that  for  which 
he  is  commissioned  or  licensed,  and  for  which  there  are  pilots 
so  commissioned  or  licensed,  is  guilty  of  a  misdemeanor. 
En.   February   14,   1872.     Am'd.   1873-4,  432. 

See  Pol.  Code,  sees.  2429-2447,  2457-2470,  2476-2491. 

§  380.  Apothecary  omitting  to  lahel  drugs,  or  labeling 
them  wrongfully,  etc.  Every  apothecary,  druggist,  or  per- 
son carrying  on  business  as  a  dealer  in  drugs  or  medicines, 
or  person  employed  as  clerk  or  salesman  by  such  person, 
who,  in  putting  up  any  drugs  or  medicines,  or  making  up 
any  prescription,  or  filling  any  order  for  drugs  or  medicines, 
willfully,  negligently,  or  ignorantly  omits  to  label  the  same, 
or  puts  an  untrue  label,  stamp,  or  other  designation  of  con- 
tents, upon  any  box,  bottle,  or  other  package  containing  any 
drugs  or  medicines,  or  substitutes  a  different  article  for  any 
article  prescribed  or  ordered,  or  puts  up  a  greater  or  less 
quantity  of  any  article  than  that  prescribed  or  ordered,  or 
otherwise  deviates  from  the  terms  of  the  prescription  or 
order  which  he  undertakes  to  follow,  in  consequence  of 
which  human  life  or  health  is  endangered,  is  guilty  of  a  mis- 
demeanor, or  if  death  ensues,  is  guilty  of  a  felony.  En. 
February  14,  1872. 

An  act  to  regulate  the  sale  of  certain  poisonous  sub- 
stances, approved  April  16,  1880 j  1880,  102  (Ban.  ed.  341). 
See  post,  Appendix,  title  Poisons.     See,  also,  act  of  1891,  86. 

§  381.  Putting  extraneous  substances  in  packages  of 
goods  usually  sold  by  weight,  with  intent  to  increase  weight. 

Every   person   who,   in   putting    up    in   any   bag,   bale,   box, 


161  CRIMES   AGAINST   PUBLIC   HEALTH.  §§  3Sla-3Slb 

barrel,  or  other  package,  any  bops,  cotton,  wool,  grain, 
hay,  or  other  goods  usually  sold  in  bags,  bales,  boxes, 
barrels  or  packages  by  weight,  puts  in  or  conceals  therein 
anything  whatever,  for  the  purpose  of  increasing  the 
weight  of  such  bag,  bale,  box,  barrel,  or  package,  with 
intent  thereby  to  sell  the  goods  therein  or  to  enable 
another  to  sell  the  same,  for  an  increased  weight,  is  pun- 
ishable by  fine  of  not  less  than  twenty-five  dollars  for  each 
offense.     En.  February  14,  1872.     Am'd.  1873-4,  432. 

Act  regulating  sale  of  imitation  olive  oil:  See  post,  Ap- 
pendix, title   Olive  Oil. 

Adulteration,  acts  relating  to:  See  post.  Appendix,  title 
Adulteration. 

§  381a.  Inaccurate  or  false  tests  as  to  dairy  products, 
penalty.  Any  person,  or  persons,  whether  as  principals, 
agents,  managers,  or  otherwise,  who  buy  or  sell  dairy 
products,  or  deal  in  milk,  cream,  or  butter,  and  who  buy 
or  sell  the  same  upon  the  basis  of  their  richness  or  weight 
or  the  percentage  of  cream,  or  butter-fat  contained  there- 
in, who  use  any  apparatus,  test  bottle  or  other  appliance, 
or  who  use  the  "Babcock  test"  or  machine  of  like  char- 
acter for  testing  such  dairy  products,  cream  or  butter, 
which  is  not  accurate  and  correct,  or  which  gives  wrong 
or  false  percentages,  or  which  is  calculated  in  any  way 
to  defraud  or  injure  the  person  with  whom  he  deals,  is 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
fined  not  more  than  five  hundred  dollars  ($500.00)  or  im- 
prisoned in  the  county  jail  not  more  than  six  (6)  months. 
En.  Stats.  1901,  324. 

§  381b.  State  dairy  bureau.  It  shall  be  the  duty  of  the 
state  dairy  bureau,  now  existing  under  the  laws  of  this 
state,  to  enforce  the  provisions  of  section  three  hundred  and 
( ighty-one  a  of  tlie  Penal  Code  and  cause  the  prosecution  of 
persons  whom  it  knows,  or  has  reason  to  believe,  are  guilty 
of  violating  the  provisions  of  said  section  of  the  Penal 
('ode.  It  siiall  be  the  duty  of  the  district  attorney  of  eacli 
and  every  county  in  the  state  to  attend  to  the  prosecution 
of  all  persons  within  his  district  against  whom  the  state 
dairy  bureau  shall  enter  complaint  for  violating  the  pro- 
visions of  said  section  of  the  Penal  Code.  Said  state  dairy 
bureau  shall  from  time  to  time  inspect  and  examine  as  to 
their  accuracy,  or  their  adaptability  to  give  accurate  results, 
all  glassware,  measures,  scales,  weights  and  other  apparatus 
Pen.  Code— 11 


§   3S2  CRIMES   AGAINST    PUBLIC    HEALTH.  162 

used  in  creameries,  and  factories  of  dairy  products  where 
milk  and  cream  are  purchased,  to  determine  the  amount  or 
percentage  of  fat  in  milk  or  cream.  Said  state  dairy  bu- 
reau shall  supply  at  cost,  and  not  oftener  than  once  a  year, 
to  every  creamery,  or  other  factory  of  dairy  products  where 
milk  and  cream,  or  either,  are  purchased,  iipon  application 
not  more  than  two  tubes  or  bottles  and  one  pipette  of  the 
forms  used  with  the  Babcock  test,  which  it  shall  first  ex- 
amine as  to  accuracy,  and  if  accurate,  or  adapted  to  give 
accurate  results  under  the  usual  method  of  operating  the 
Babcock  test,  said  state  dairy  bureau  shall  certify  to  this 
by  marking  durably  and  permanently  upon  each  and  every 
piece  of  apparatus  supplied  the  letters  "D.  B. "  Said  state 
dairy  bureau  shall  also  upon  payment  at  the  rate  of  one 
dollar  for  each  dozen,  test  or  examine  into  the  accuracy  of 
all  test  bottles  or  tubes  and  pipettes  sent  to  it  direct  from 
auj^  creamery,  or  other  factory  of  dairy  products  where  milk 
or  cream  are  purchased,  and  if  found  accurate,  or  aciapted 
to  give  accurate  results,  the  letters  "D.  B. "  shall  be 
marked  upon  each  piece  of  apparatus  examined.  The  state 
dairy  bureau  shall  pay  all  money  received  for  making  such 
tests  for  examinations  into  the  state  treasury  and  the  same 
shall  become  a  part  of  the  appropriation  for  the  use  of  the 
state  dairy  bureau  and  its  disposition  shall  be  at  the  dis- 
posal of  the  state  dairy  bureau  in  enforcing  the  provisions 
of  this  act.     En.  Stats.  1905,  168. 

§  382.  Adulterating  food,  drugs,  liquors,  etc.  Every  per- 
son who  adulterates  or  dilutes  any  article  of  food,  drink, 
drug,  medicine,  spirituous  or  malt  liquor,  or  wine,  or  any 
article  useful  in  compounding  them,  with  the  fraudulent 
intent  to  offer  the  same,  or  cause  or  permit  it  to  be  of- 
fered for  sale  as  unadulterated  or  undiluted;  and  every 
person  who  fraudulently  sells,  or  keeps  or  offers  for  sale 
the  same,  as  unadulterated  o»  undiluted,  or  who,  in  re- 
sponse to  an  inquiry  for  any  article  of  food,  drink,  drug, 
medicine,  spirituous  or  malt  liquor,  or  wine,  sells,  or  offers 
for  sale,  a  different  article,  or  an  article  of  a  different  char- 
acter or  manufacture,  without  first  informing  such  pur- 
chaser of  such  difference,  is  guilty  of  a  misdemeanor;  pro- 
vided, that  no  retail  dealer  shall  be  convicted  under  the 
provisions  of  this  section  if  he  shall  prove  a  written  guar- 
anty of  purity  obtained  from  the  person  from  whom  he 
purchased  such  adulterated  or  diluted  goods.  En.  Feb- 
ruary 14,  1872.     Am'd.  1903,  351. 


163  CRIMES   AGAINST    PUBLIC    HEALTH.  §  383 

Acts  relating  to  deception  in  sale  of  butter  and  cheese: 
See  post,  Appendix,  title  Butter. 

Act  preventing  sale  of  oleomargarine:  See  post.  Appen- 
dix, title  Oleomargarine. 

Adulteration,  acts  relating  to:  See  post.  Appendix,  title 
Adulteration. 

§  383.  Disposing  of  adulterated  or  tainted  food,  or  drink 
or  drug;  "drug,"  "food"  defined.  Every  person  who  know- 
ingly sells,  or  keeps  or  offers  for  sale,  or  otherwise  disposes 
of  any  article  of  food,  drink,  drug,  or  medicine,  knowing 
that  the  same  is  adulterated  or  has  become  tainted,  decayed, 
spoiled,  or  otherwise  unwholesome  or  •unfit  to  be  eaten  or 
drunk,  with  intent  to  permit  the  same  to  be  eaten  or 
drunk,  is  guilty  of  a  misdemeanor,  and  must  be  fined  not  less 
than  twenty-five  nor  more  than  one  hundred  dollars,  or  im- 
prisoned in  the  county  jail  not  exceeding  one  hundred  days, 
or  both,  and  may,  in  the  discretion  of  the  court,  be  adjudged 
to  pay,  in  addition,  all  the  necessary  expenses,  not  exceeding 
fifty  dollars,  incurred  in  inspecting  and  analyzing  such  arti- 
cles. The  term  "drug,"  as  used  herein,  includes  all  medi- 
cines for  internal  or  external  use,  antiseptics,  disinfectants, 
and  cosmetics.  The  term  ' '  food, ' '  as  used  herein,  includes 
all  articles  used  for  food  or  drink  by  man,  whether  simple, 
mixed,  or  compound.  Any  article  is  deemed  to  be  adulter- 
ated within   the   meaning  of  this  section: 

(a)  Drugs  deemed  to  be  adulterated.     In  case  of  drugs: 

(1)  If,  when  sold  under  or  by  name  recognized  in  the 
United  States  Pharmacopoeia,  it  differs  materially  from  the 
btandard   of  strength,   quality,  or  purity  laid   down  therein; 

(2)  If,  when  sold  under  or  by  a  name  not  recognized  in  the 
United  States  Pharmacopoeia,  but  which  is  found  in  some 
other  pharmacopoeia  or  other  standard  work  on  materia 
medica,  it  differs  materially  from  the  standard  of  strength, 
quality,  or  purity  laid  down  in  such  work;  (3)  If  its  strength, 
quality,  or  purity  falls  below  the  professed  standard  under 
which  it  is  sold. 

(b)  Food  deemed  to  be  adulterated.  In  the  ease  of  food: 
(1)  If  any  substance  or  substances  have  been  mixed  with 
it,  so  as  to  lower  or  depreciate,  or  injuriously  affect  its  qual- 
ity, strength,  or  purity;  (2)  If  any  iilferior  or  cheaper  sub- 
stance or  substances  have  been  substituted  wholly  or  in  part 
for  it;  (3)  If  any  valuable  or  necessary  constituent  or  in- 
gredient has  been  wholly  or  in  part,  abstracted  from  it;   (4) 


§§  383a,  3S4  CRIMES    AGAINST    PUBLIC    HEALTH.  164 

If  it  is  an  imitation  of,  or  is  sold  under  the  name  of,  another 
article;  (5)  If  it  consists  wholly,  or  in  part,  of  a  diseased, 
decomposed,  putrid,  infected,  tainted,  or  rotten  animal  or 
vegetable  substance  or  article,  whether  manufactured  or  not; 
or  in  the  case  of  milk,  if  it  is  the  produce  of  a  diseased  ani- 
mal; (6)  If  it  is  colored,  coated,  polished,  -or  powdered, 
whereby  damage  or  inferiority  is  concealed,  or  if  by  any 
means  it  is  made  to  appear  better  or  of  greater  value  than  it 
really  is;  (7)  If  it  contains  any  added  substance  or  ingredi- 
ent which  is  poisonous  or  injurious  to  health.  En.  February 
14,   1872,     Am'd.   1905,  769. 

The  amendment  is  a  consoliiiation  of  the  present  section  383  with  the 
statute  of  1895,  page  71.  Section  4  of  the  statute  has,  however,  been 
omitted    as    unnecessary.— Code    Commissioner's    Note. 

Cal.  Eep.  Cit.  126,  367. 

Act  relating  to  adulteration:  See  post,  Appendix,  title 
Adulteration. 

Acts  relating  to  deception  in  manufacture  and  sale  of 
butter  and  cheese:   See  post.  Appendix,  title  Butter. 

Acts  to  prevent  sale  of  oleomargarine  as  butter:  See 
post.  Appendix,   title   Oleomargarine. 

Act  regulating  sale  of  imitation  olive  oil:  See  post,  Ap- 
pendix,   title    Olive    Oil. 

§  383a.  Sale  of  process  or  renovated  butter.  Any  person, 
firm,  or  corporation,  who  sells  or  offers  for  sale,  or  has  in  his 
or  its  possession  for  sale,  any  butter  manufactured  by  boil- 
ing, melting,  deodorizing,  or  renovating,  which  is  the  pro- 
duct of  stale,  rancid,  or  decomposed  butter,  or  by  any  other 
process  whereby  stale,  rancid,  or  decomposed  butter  is  manu- 
factured to  resemble  or  appear  like  creamery  or  dairy  butter, 
unless  the  same  is  plainly  stenciled  or  branded  upon  each 
and  every  package,  barrel,  firkin,  tub,  pail,  square,  or  roll, 
in  letters  not  less  than  one  half  inch  in  length,  "process 
butter,"  or  "renovated  butter,"  in  such  a  manner  as  to 
advise  the  purchaser  of  the  real  character  of  such  "process" 
or  "renovated"  butter,  is  guilty  of  a  misdemeanor.  En. 
Stats.  1905,  770. 

A  section  of  the  statute  of  1899,  page  25,  is  here  codifled. — Code  Com- 
misfioner's    Note. 

§  384.  Setting  fire  to  woods,  grain,  etc.  Every  person 
who  willfully  or  negligently  sets  on  fire,  or  causes  or  procures 
to  be  set  on  fire,  any  woods,  prairies,  grasses,  or  grain,  on 
any  lands  not  his  own,  is  guilty  of  a  misdemeanor,  and  pun- 


884>  Any  person  who  shall  willfully  or  negligently  com-^ 
mit  any  of  the  acts  hereinafter  enumerated  in  this  section 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
be  pi^nishable  by  a  fine  of  not  less  than  twenty-five  nor 
more  than  five  hundred  dollars,  or  imprisonment  in  the 
::ounty  jail  not  less  than  fifteen  days  nor  more  than  six 
months,  or  both  such  fine  and  imprisonment,  except  that 
m  case  of  an  offense  against  subsection  5  of  this  section, 
the  fine  imposed  may  be  not  less  than  ten  dollars. 

1.  Setting  fire,  or  causing  or  procuring  fire  to  be  set  to 
my  forest,  woodland,  brush',  prairie,  grass,  grain,  stubble 
or  any  other  material  being  or  growing  on  lands  not  his 
Dwn.  without  the  permission  of  the  owner  of  such  land; 
provided,  that  it  shall  be  lawful  to  build,  in  a  careful  man- 
ner, camp  fires  on  any  unenclosed  lands,  the  owper  of  which 
has  not  forbidden  such  building  of  camp  fires  thereon  by 
personal  notice  or  by  posting  such  prohibition  in  conspicuous 
places  or  otherwise;  and  provided  further,  that  before  de- 
parting from  the  place  where  such  camp  fire  has  been  built, 
the  builder  of  such  fire  first  totally  extinguishes  the  same. 

2.  Allowing  fires,  lawfully  set,  to  escape  from  the  con- 
trol of  the  person  having  charge  thereof,  or  to  spread  to 
the  lands  of  any  person  other  than  the  builder  of  such  fire. 

3.  Building  a  fire  on  his  own  land  for  the  purpose  of 
burning  brush,  stumps,  logs,  rubbish,  fallen  timber,  fallows, 
grass  of  any  other  thing  whatsoever,  or  blasting  wood 
with  dynamite,  powder  or  other  explosives,  or  setting  off 
Rreworks  in  forest  or  brush-covered  land,  either  his  own 
ar  the  property  of  another  during  a  dry  season;  provided, 
that  any  state  or  district  fire  warcLen,  may.  In  his  reasonable 
discretion,    give    a    written    permit    to    any    person    desiring 


to  build  fires  or  blast  as  aforesaid;  such  permit  shall  con- 
tain such  rules  and  regulations  for  the  building  and  man- 
agement of  such  fires  as  the  state  board  of  forestry  may 
from  time  to  time  prescribe;  and  no  person  shall  be  con- 
victed under  this  sub-section,  who  shall  upon  the  trial  prove, 
affirmatively,  that  he  has  complied  with  all  the  rules  and 
regulations  so  prescribed;  and  provided,  further,  that  any 
person  engaged  in  logging  redwood  may  carefully  use  ex- 
plosives or  fire  in  the  manner  in  which  it  is  now  customarily 
used  in   such  logging. 

4.  Using  any  logging  locomotive,  donkey  or  threshing 
engine,  or  any  other  engine  or  boiler,  except  such  as  use 
oil  exclusively  for  fuel,  in  or  near  any  forest,  brush  or 
grass  land,  unless  he  shall  prove  upon  the  trial,  afiirmatively, 
that  such  engines  or  boilers  used  by  him  were  provided  with 
adequate  devices  to  prevent  the  escape  of  flre  or  sparks 
from  smoke  stacks,  ash  pans,  fire  boxes  or  other  parts,  and 
that  he  has  used  every  reasonable  precaution  to  prevent 
the  causing  of  fire  thereby. 

5.  Refusing  or  failing  to  comply  with  the  summons  of  any 
fire  warden  authorized  to  call  out  persons  to  aid  in  ex- 
tinguishing forest  fires,  unless  prevented  by  good  and  suf- 
ficient  reasons. 

No  person  shall  be  convicted  under  this  section  who  shall 
have  set,  in  good  faith  and  with  reasonable  care,  a  back 
fire  for  the  purpose  of  stopping  the  progress  of  a  flre  then 
actually  burning. 

One-half  of  all  fines  paid  into  any  county  treasury  upon 
conviction  under  this  section  shall  be  paid  by  the  county 
treasurer  into  the  state  treasury  to  the  credit  of  the  forestry 
fund.     (In  effect  60  days  from  and  after  March  23,  1907.) 


384a.     Repealed. 
084b.     Repealed. 


{84c.  Every  person  who  wilfully  or  negligently,  while 
ting  upon  the  inclosed  lands  of  another,  kills,  maims,  or 
mds  an  animal,  the  property  of  another,  is  guilty  of  a 
demeanor.      (In   effect  60  days  from  and  after  March   18, 


165  CRIMES    AGAINST    PUBLIC    HEALTH.  §§  384a-3S5 

ishable  by  fine  not  exceeding  one  thousand  dollars,  or  by  im- 
prisonment not  exceeding  one  year,  or  both.  En.  February, 
14,   1872.     Am'd.   1905,  758. 

The  amendment  designates  the  punishment,  and  in  this  respect  con- 
forms the  section  to  the  statute  of  1871-2,  page  96,  on  the  same  sub- 
ject, and  inserts,  after  the  word  "lands,"  the  words  "not  his  own," 
to  conform  the  section  to  what  was  .obviously  the  intent  of  the  legis- 
lature.— Co'de   Commissioner's  Note. 

Cal.  Eep.  Cit.  90,  107,-   98,  270. 

Act  to  prevent  destruction  of  forests:  See  post.  Appendix, 
title  Fires. 

Act  to  prevent  destruction  by  fire  of  property  of  con- 
tiguous owners:  See  post.  Appendix,  title  Fires. 

§  SSla.  Keeping  fires  within  certain  limits.  Every  per- 
son who  starts  a  fire  in  hay,  grain,  stubble,  grass,  weeds,  or 
woodland,  without  first  carefully  providing  by  plowing  or 
otherwise,  for  the  keeping  of  such  fire  within  and  upon  the 
premises  upon  which  it  is  started  or  set,  whereby  any  prop- 
erty of  an  adjoining  or  contiguous  resident  or  owner  is  in- 
jured or  destroyed,  is  guilty  of  a  misdemeanor.  En.  Stats. 
1905,  758. 

This  is  a  codiflcatinn  of  the  statute  of  1891,  page  473,  concerning  the 
suijjecl   set  forth   in   the   section. — Code   Commissioner's   Note. 

§  384b.  Camp  fire.  Every  person  who,  upon  departing 
from  a  camp  or  camping  place,  willfully  or  negligently  leaves 
fire  burning  or  unextinguished,  is  guilty  of  a  misdemeanor. 
En.  Stats.  1905,  758. 

This  is  a  codification  of  that  part  of  section  5  of  the  statute  of  1875-6, 
page  408,  respecting  the  leaving  of  camp  fires  unextinguished.— Code 
Commissioner's  Note. 

§  384c.  Animals  injured  by  persons  hunting.  Every  per- 
son who  willfully  and  negligently,  while  hunting  upon  the 
inclosed  lands  of  another,  kills,  maims,  or  wounds  an  animal, 
the  property  of  another,  is  guilty  of  a  misdemeanor.  En. 
Stats.  1905,  673. 
This   i.s  a  codification   of  sections  4  and  5  of  the  statute  of  1875-6,   page 

408,   respecting  the  wounding  of  animals  while  hunting  upon  the  lands 

of   another. — ("ndc    Commi.=sioner's    Note. 

§  385.  Obstructing  attempts  to  extinguish  fires.  Every 
person  who,  at  the  burning  of  a  building,  disobeys  the  law- 
ful orders  of  any  public  officer  or  fireman,  or  offers  any 
resistance  to  or  interference  with  the  lawful  efforts  of  any 
fireman  or  company  of  firemen  to  extinguish  the  same,  or 


§§  3SG-390  CRIMES  AGAINST   PUBLIC  HEALTH.  166 

engages  in  any  disorderly  conduct  calculated  to  prevent 
the  same  from  being  extinguished,  or  who  forbids,  pre- 
vents, or  dissuades  others  from  assisting  to  extinguish  the 
same,  is   guilty  of  a  misdemeanor.     En.  February  14,   1872. 

Fires  and  firemen:  See  Pol.  Code,  sees.  3335  et  seq. 

§  386.     Maintaining    bridge    or    ferry   without    authority. 

Every  person  who  demands  or  receives  compensation  for 
the  use  of  any  bridge  or  ferry,  or  sets  up  or  keeps  any 
road,  bridge,  ferry,  or  constructed  ford  for  the  purpose 
of  receiving  any  remuneration  for  the  use  of  the  same, 
without  authority  of  law,  is  guilty  of  a  misdemeanor.  En. 
February  14,   1872. 

Public  ferries  and  toll-bridges:  Pol.  Code,  sees.  2843  et 
seq. 

§  387.  Violating  condition  of  undertaking  to  keep  ferry. 
Every  person  who,  having  entered  into  an  undertaking 
to  keep  and  attend  a  ferry,  violates  the  conditions  of  such 
undertaking,  is  guilty  of  a  misdemeanor.  En.  February  14, 
1872. 

Undertaking  by  ferryman:   See  Pol.  Code,  sec.  2850. 

§  388.  Eiding  or  driving  faster  than  a  walk  on  toll- 
bridges.  Every  person  who  willfully  rides  or  drives  faster 
than  a  walk  on  or  over  any  toll-bridge,  lawfully  licensed,  is 
punishable  by  fine  not  exceeding  twenty  dollars.  En.-  Feb- 
ruary   14,    1872. 

§  389.  Crossing  toll-bridges,  etc.,  without  paying  toll. 
Every  person  not  exempt  from  paying  tolls,  who  crosses  on 
any  ferry  or  toll-bridge,  or  passes  through  any  toll-gate, 
lawfully  kept,  without  paying  the  toll  therefor,  and  with 
intent  to  avoid  such  payment,  is  punishable  by  fine  not  ex- 
ceeding twenty  dollars.     En.  February  14,  1872. 

§  390.  Engineer  of  locomotive  engine  omitting  to  ring 
bell  when  crossing  highway.  Every  person  in  charge  of  a 
locomotive  engine  who,  before  crossing  any  traveled  public 
way,  omits  to  cause  a  bell  to  ring  or  steam-whistle  to  sound 
at  the  distance  of  at  least  eighty  rods  from  the  crossing, 
and  up  to  it,  is  guilty  of  a  misdemeanor.  En.  February  14, 
1872. 

Penalty  of  company  in  such  cases:  See  Civ.  Code,  sec. 
486. 


167  CRIMES    AGAINST    PUBLIC    HEALTH.  §§  391-396 

§  391.  Intoxication  of  engineers,  conductors,  or  drivers 
of  locomotives  or  cars.  Every  person  who  is  intoxicated 
while  in  charge  of  a  locomotive  engine,  or  while  acting  as 
conductor  or  driver  upon  any  railroad  train  or  car,  whether 
propelled  by  steam  or  drawn  by  horses,  or  while  acting 
as  train  dispatcher,  or  as  telegraph  operator,  receiving  or 
transmitting  dispatches  in  relation  to  the  movement  of 
trains,  is  guilty  of  a  misdemeanor.  En.  February  14, 
1872. 

See  Pol.  Code,  sees.  2932,  2933. 

§  392,    Placing  passenger  cars  in   front  of  freight  cars. 

Every  person  who,  in  making  up  or  running  railroad  trains, 
places  or  runs,  or  causes  to  be  placed  or  run,  any  freight 
car  in  the  rear  of  passenger  cars,  is  guilty  of  a  misde- 
meanor, and  if  loss  of  life  or  limb  results  from  such  placing 
or  running,  is  guilty  of  felony.  The  term  "freight  car," 
as  used  in  this  section,  does  not  include  a  baggage,  express, 
or  mail   ear.     En.   February   14,   1872. 

§  393.  Violation  of  duty  by  employees  of  railroad  com- 
panies. Every  engineer,  conductor,  brakeman,  switch- 
tender,  or  other  officer,  agent,  or  servant  of  any  railroad 
company,  who  is  guilty  of  any  willful  violation  or  omis- 
sion of  his  duty  as  such  officer,  agent  or  servant,  whereby 
human  life  or  safety  is  endangered,  the  punishment  of 
which  is  not  otherwise  prescribed,  is  guilty  of  a  misde- 
meanor.    En.  February  14,   1872. 

§  394.  Exposing  person  infected  with  any  contagious 
disease  in  a  public  place.  Every  person  who  willfully  ex- 
poses himself  or  another  afflicted  with  any  contagious  or 
infectious  disease,  in  any  public  place  or  thoroughfare, 
except  in  his  necessary  removal  in  a  manner  the  least 
dangerous  to  the  public  health,  is  guilty  of  a  misdemeanor. 
En.  February  14,  1872. 

§  395.  Frauds  practiced  to  affect  the  market  price. 
Every  person  who  willfully  makes  or  publishes  any  false 
statement,  spreads  any  false  rumor,  or  employs  any  other 
false  or  fraudulent  means  or  device,  with  intent  to  affect 
the  market  price  of  any  kind  of  property,  is  guilty  of  a 
misdemeanor.     En.   February   14,    1872. 

§  396.  Racing  upon  highways.  Every  person  driving  any 
conveyance  drawn  by  horses,  upon  any  public  road,  or  way, 
who    causes    or    suffers    his    horses    to    run,    with    intent    to 


§§  397-399  CRIMES    AGAINST    PUBLIC    HEALTH.  168 

pass  another  conveyance,  or  to  prevent  such  other  from 
passing  his  own,  is  guilty  of  a  misdemeanor.  En.  Feb- 
ruary  14,   1872. 

§  397.  Selling  liquor  to  Indians.  Every  person  who  sells 
or  furnishes  or  causes  to  be  sold  or  furnished,  intoxicating 
liquors  to  any  habitual  or  common  drunkard  or  to  any 
Indian,  is  guilty  of  a  misdemeanor.  En.  February  14,  1872. 
Am'd.  1873-4,  462;  1893,  98;  1897,  29;  1903,  93. 

Cal.    Rep.    Cit.     105,    345;    105,    346;    105,    347;    113,    174; 
113,  178. 

Act  relating  to  sale  of  liquors  to  minors:  See  post.  Ap- 
pendix, title   Intoxicating  Liquors. 

§  3971).  Liquors,  selling  of  to  minors;  permitting  minor 
to  visit  saloons;  not  to  apply  to  parents.  Every  person  who 
sells,  gives  or  delivers  to  any  minor  child,  male  or  female, 
under  the  age  of  eighteen  years,  any  intoxicating  drink  in 
any  quantity  whatsoever,  or  who,  as  proprietor  or  manager 
of  any  saloon  or  public  house  where  intoxicating  liquors  are 
sold,  permits  any  such  minor  child  under  the  age  of  eighteen 
years,  to  visit  said  saloon  or  public  house  where  intoxicat- 
ing liquors  are  sold,  shall  be  guilty  of  a  misdemeanor,  and 
shall,  upon  conviction  thereof,  be  punished  by  a  fine  of  not 
more  than  three  hi;ndred  dollars,  or  by  imprisonment  in  the 
county  jail  for  a  period  not  exceeding  one  hundred  and  fifty 
days,  or  by  both  such  fine  and  imprisonment;  provided,  that 
this  section  shall  not  apply  to  the  parents  of  such  children, 
or  to  guardians  of  their  wards.     En.  Stats.  1905,  673. 

This  is  a  codification  of  the  act  of  the  last  session  (Stats.  1906.  p.  319), 
respecting  the  sale  of  intoxicating  liquors  to  children.— Code  Com- 
missioner's Note. 

§  398.  Selling  firearms  and  ammunition  to  Indians. 
Every  person  who  sells  or  furnishes  to  any  Indian  any  fire- 
arm, or  ammunition  therefor,  is  guilty  of  a  misdemeanor. 
En.  February  14,  1872. 

§  399.  x)eath  from  mischievous  animals.  If  the  owner 
of  a  mischievous  animal,  knowing  its  propensitites,  will- 
fully suffers  it  to  go  at  large,  or  keeps  it  without  ordi- 
nary care,  and  such  animal,  while  so  at  large,  or  while 
not  kept  with  ordinary  care,  kills  any  -human  being  who 
has  taken  all  the  precautions  which  the  circumstances  per- 
mitted, or  which  a  reasonable  person  would  ordinarily  take 


169  CRIMES    AGAINST    PUBLIC    HEALTH.  §§  400-402 

in   the    same   situation,   is    guilty   of   a   felony.     En.   Febru- 
ary 14,  1872. 

§  400.  Exhibiting  deformities  of  person.  Every  person 
exhibiting  the  deformities  of  another,  or  his  own  deform- 
ities, for  hire,  is  guilty  of  a  misdemeanor;  and  every  person 
who  shall,  by  any  artificial  means  give  to  any  person  the 
appearance  of  a  deformity,  and  shall  exhibit  such  person 
for  hire,  shall  be  guilty  of  a  misdemeanor.  En.  Stats. 
1873-4,  462. 

§  400.  Aiding  or  encouraging  suicide  a  felony.  En. 
1873-4,  433;  amended  and  re-enacted  as  §  401;  Stats.  1905, 

770. 

400.  401.  There  being  two  sections  numbered  400  and  401,  the  one 
relating  to  the  encouragement  of  suicide  has  been  numbered  401.— 
Code    Commissioner's   Note. 

§  401.  ^Aiding  in  suicide.  Every  person  who  deliberately 
aids,  or  advises,  or  encourages  another  to  commit  suicide,  is 
guilty  of  a  felony.  As  §  400  En,  Stats.  1873-4,  433.  Ee- 
numbered  and  amended  1905,  770.  ^ 

See  note  to  §  400,  ante. 

There  were  formerly  two  sections  numbered  401,  one 
passed  in  1880,  and  one  in  1878.  They  were  renumbered  in 
1891  as  numbers  402%  and  4021/^.  En.  Stats.  1877-8,  116, 
1880,  41.     Am'd.   1891,   27. 

§  401a.  Cubic  feet  of  space  in  rooms.  Every  person  who 
owns,  leases,  lets,  or  hires  to  any  person  any  room  in  any 
building,  house,  or  other  structure  within  the  limits  of  any 
incorporated  city,  or  city  and  county,  for  the  purpose  of  a 
lodging  or  sleeping  apartment,  which  room  or  apartment 
contains  less  than  five  hundred  cubic  feet  of  space  in  the 
clear  for  each  person  occupying  such  room  or  apartment,  and 
every  person  found  sleeping  or  lodging  m,  or  who  hires  or 
•  uses  for  the  purpose  of  sleeping  or  lodging  in  any  room  or 
apartment  which  contains  less  than  five  hundred  cubic  feet 
of  space  in  the  clear  for  each  person  so  occupying  such  room 
or  apartment,  is  guilty  of  a  misdemeanor.  En.  Stats.  1905, 
770. 

This  is  a  codification  of  the  statute  of  1875-6,   page  759,   concerning  lovlg- 
ing-hou.sps   and    sleeping   apartments. — Code    Commissioner's   Note. 

§  402.     Using      or   exposing  animal  with   glanders.     Any 
person   who   shall   knowingly  sell,   or  offer  for  sale,  or   use, 


§§  402i4-t02b        CRIMES     AGAINST     PUBLIC     HEALTH.  170 

or  expose,  or  who  shall  cause  or  procure  to  be  sold  or  of- 
iered  for  sale,  or  used,  or  exposed  any  horse,  mule,  or  other 
animal  having  the  disease  known  as  glanders  or  farcy, 
or  who  shall  bring,  or  cause  to  be  brought,  or  aid  in  bring- 
ing into  this  state  any  sheep,  hog,  horse,  or  cattle,  or  any 
domestic  animal,  knowing  the  same  to  be  affected  with 
any  contagious  or  infectious  disease,  shall  be  guilty  of  a 
misdemeanor.  En.  as  400  in  Stats.  1880,  41.  Am'd.  1889, 
353;    1891,   26. 

This  section  was  originally  number  four  hundred,  but 
was   renumbered  when  the   above   amendment  was   adopted. 

Act  to  prevent  spread  of  contagious  diseases  among  ani- 
mals:  See  post.   Appendix,  title  Animals. 

§  4021/4.  Adulterating  candy.  En.  1877-8,  116,  as  §  401, 
amended  and  renumbered  as  4021/4  by  act  of  1891,  27. 
Amended  .and  renumbered  as  §  402a  by  amendment  1905, 
771.     See  post,  402a.  • 

This  section  was  originally  number  four  hundred  and 
one,  but  was  renumbered  when  the  amendment  of  1891  was 
adopted. 

§  4021/2-     Animal     having     glanders    to    be  killed.     En. 

1880,   41,   as   §   401;    amended   and   renumbered  402V,,    1891, 

27.  Eenumbered  as  §  402b,  Stats.  1905,  771.  See 'post,  § 
402b. 

This  section  was  originally  number  four  hundred  and 
one,  but  was  renumbered  when  the  amendment  of  1891  was 
adopted. 

§  4023/4.    Unsafe    scaffolding,    penalty    for    erecting.     En. 

Stats.  1903,  216.  Amended  and  renumbered  402c,  1905,  771. 
See  post,  §  402e. 

§  402a.  Adulteration  of  .candies.  Every  person  who 
adulterates  candy  by  using  in  its  manufacture  terra  alba  or 
other  deleterious  substances,  or  who  sells  or  keeps  for  sale 
any  candy  or  candies  adulterated  with  terra  alba,  or  any 
other  deleterious  substance,  knowing  the  same  to  be  adul- 
terated, is  guilty  of  a  misdemeanor.  En.  Stats.  1877-8,  116, 
as  section  401.  '  Am'd.   1891,  27;   1905,  771. 

•102a      (402%).     Section    40214    for    purposes    of    convenience    is    renumbered 
402a.— Code  Commissioner's  Note. 

§  402b.  Diseased  animal  to  be  killed.  Every  animal  hav- 
ing glanders  or  farcy  shall  at  once  be  deprived  of  life  by  the 


171  CRIMES   AGAINST    PUBLIC    HEALTH.  §§  402c,  402d 

owner  or  person  having  cliarge  thereof,  upon  discovery  or 
knowledge  of  its  condition;  and  any  such  owner  or  person 
omitting  or  refusing  to  comply  with  the  provisions  of  this 
section  shall  be  guilty  of  a  misdemeanor.  En.  Stats.  1880, 
41,  as  section  401,     Am'd.  1891,  27;  1905,  771. 

This  is  a  co-Jification  of  the  statute  of  1893,  page  302.— Code  Commission- 
er's Note. 

§  402c.  Unsafe  scaffolding,  ladders,  etc.  Any  person  or 
corporation  employing  or  directing  another  to  do  or  per- 
form any  labor  in  the  construction,  alteration,  repairing, 
painting  or  cleaning  of  any  house,  building  or  structure 
within  this  state,  who  knowingly  or  negligently  furnishes 
or  erects  or  causes  to  be  furnished  or  erected  for  the  per- 
formance of  such  labor,  unsafe  or  improper  scaffolding, 
slings,  hangers,  blocks,  pulleys,  stays,  braces,  ladders,  irons, 
ropes  or  other  mechanical  contrivances,  or  who  hinders  or 
obstructs  any  officer  attempting  to  inspect  the  same  under 
the  provisions  of  "An  act  to  amend  an  act  entitled  'An  act 
to  establish  and  support  a  bureau  of  labor  statistics,  ap- 
proved March  3,  1883,'  approved  February  20,  1901,"  or 
who  destroys,  defaces  or  removes  any  notice  posted  thereon 
by  such  officer  or  permits  the  use  thereof,  after  the  same 
has  been  declare.d  unsafe  by  such  officer,  contrary  to  the 
provisions  of  said  section  twelve  of  said  act,  shall  be  guilty 
of  a  misdemeanor.  En.  Stats.  1903,  216,  as  section  402%. 
Amended  and  renumbered  1905,  771. 

40i:c     (402%).     The    change    consists    in    the    renumbering    of    section    402% 
to   402c.— Code    Commi.ssioner's   Note. 

§  402d.  Animals  affected  with  contagious  diseases  to  be 
kept  within  inclosure.  Any  person  owning  or  having  pos- 
session or  control  of  any  animal  affected  by  any  contagious 
or  infectious  disease,  who  fails  to'  keep  the  same  within  an 
inclosure,  or  herd  the  same  in  some  place  where  it  is  secure 
from  contact  with  other  animals  of  like  kind  not  so  affected, 
or  who  suffers  such  infected  animal  to  be  driven  on  the 
public  highway  or  to  range  where  it  is  likely  to  come  in 
contact  with  other  animals  not  so  affected,  is  guilty  of  a 
misdemeanor,  and  punishable  by  a  fine  of  not  more  than  five 
hundred  dollars  for  each  offense.     En.  Stats.   1905,  771. 

This    is   a   codification    of    the    statute    of    1893,    page    302.— Code    Commis- 
sioner's   Note. 


§§  403-405  CRIMES    AGAINST   PUBLIC    PEACE.  172 

TITLE     XI. 

OF  CRIMES  AGAINST  THE  PUBLIC  PEACE. 

§  403.  Disturbance  of  public  meetings,  other  than  religious  or  politi- 
cal. 

§  404.     "Riot"     denned. 

§  405.     Riot,    punishment  of. 

§  406.     "Rout"    denned. 

§  407.     "Unlawful   a.?sembly"    deHned. 

§  408.    Punishment   of   rout  and   unlawful   assembly. 

§  409.  Remaining  present  at  place  of  riot,  etc.,  after  warning  to  dis- 
perse. 

§  410.     Magistrates  neglecting  or  refusing  to  disperse  rioters. 

§  411.  Consequence  of  resisting  process  after  a  county  has  been  de- 
clared  in  a  state  of  insurrection. 

§  412.     Prize    nghts. 

§  413.     Persons    present   at   prize   fights. 

§  414.     Leaving   the   state   to  engage   in   prize  fights. 

§  415.    Disturbing  the   peace  in  night-time. 

§  416.     Refusing   to   disperse   upon   lawful   command. 

§  417.  Exhibiting  deadly  weapon  in  rude,  etc.,  manner,  or  using  the 
same   unlawfully. 

§  418.     Forcible   entiy   and  detainer. 

§  419.  Returning  to  .take  possession  of  lands  after  being  removed  by 
legal   proceedings. 

§  420.     Inciting    riot.     CRepealed.) 

§  420.    Preventing   person   from  entering  upon  public  lands. 

§  421.    National    Guard,    discrimination   against   members   of. 

§  403.  Disturbance  of  pultlic  meetings,  •  other  than  rc- 
liirious  or  political.  Every  person  who,  without  authority 
of  law,  willfully  disturbs  or  breaks  up  any  assembly  or 
meeting,  not  unlawful  in  its  character,  other  than  such  as 
is  mentioned  in  sections  fifty-nine  and  three  hundred  and 
two,  is  guilty  of  a  misdemeanor.     En.  February  14,  1872. 

Section   59   refers   to   meetings  of  electors. 

Section  302  refers  to  religious  meetings. 

§  404.  "Riot"  defined.  Any  use  of  force  or  violence, 
disturbing  the  public  peace  or  any  threat  to  use  such  force 
or  violence,  if  accompanied  by  immediate  power  of  exe- 
cution, by  two  or  more  persons  acting  together,  and  with- 
out authority  of  law,  is  a  riot.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     67,  418. 

Unlawful  assembly:   See  sec.  407. 

§  405,  Riot,  punishment  of.  Every  person  who  partici- 
pates in  any  riot  is  punishable  by  imprisonment  in  the 
county  jail  not  exceeding  two  years,  or  by  fine  not  exceed- 
ing two  thousand  dollars,  or  both.     En.  February  14,   1872. 


173  CRIMES   AGAINST    PUBLIC   PEACE.  g§  406-411 

§  406.  "Eout"  defined.  Whenever  two  or  more  persons, 
assembled  and  acting  together,  make  any  attempt  or  ad- 
vance toward  the  commission  of  an  act,  which  woukl  be 
a  riot  if  actually  committed,  such  assembly  is  a  rout.  En. 
February  14,  1872. 

§  407.  "Unlawful  assembly"  defined.  Whenever  two  or 
more  persons  assemble  together  to  do  an  unlawful  act,  and 
separate  without  doing  or  advancing  toward  it,  or  do  a 
lawful  act  in  a  violent,  boisterous,  or  tumultuous  manner, 
such  assembly  is  an  unlawful  assembly.  En.  February  14, 
1872. 

•  §  408.  Punishment  of  rout  and  unlawful  assembly. 
Every  person  who  participates  in  any  rout  or  unlawful 
assembly  is  guilty  of  a  misdemeanor.  En.  February  14, 
1872. 

§  409.  Remaining  present  at  place  of  riot,  etc.,  after 
warning  to  disperse.  Every  person  remaining  present  at 
the  place  of  any  riot,  rout,  or  unlawful  assembly,  after  the 
same  has  been  lawfully  warned  to  disperse,  except  public 
officers  and  persons  assisting  them  in  attempting  to.  dis- 
perse the  same,  is  guilty  of  a  misdemeanor.  En.  February 
14,  1872. 

§  410.  Magistrates  neglecting  or  refusing  to  disperse 
rioters.  If  a  magistrate  or  officer,  having  notice  of  an  un- 
lawful or  riotous  assembly,  mentioned  in  this  chapter, 
neglects  to  proceed  to  the  place  of  assembly,  or  as  near 
thereto  as  he  can  with  safety,  and  to  exercise  the  author- 
ity with  which  he  is  invested  for  suppressing  the  same 
and  arresting  the  offenders,  he  is  guilty  of  a  misdemeanor. 
En.  February  14,  1872. 

§  411.  Conseq.uence  of  resisting  process  after  a  county 
has  been  declared  in  a  state  of  insurrection.  A  person  who, 
after  the  publication  of  the  proclamation  authorized  by 
section  seven  hundred  and  thirty-two,  resists  or  aids  in 
resisting  the  execution  of  process  in  any  county,  declared 
to  be  in  a  state  of  insurrection,  or  who  aids  or  attempts 
the  rescue  or  escape  of  another  from  lawful  custody  or 
confinement,  or  who  resists  or  aids  in  resisting  any  force 
ordered  out  by  the  governor  to  quell  or  suppress  an  insur- 
rection, is  punishable  by  imprisonment  in  the  state  prison 
not  less  than  two  years.     En.  February  14,  1872. 

See  ante,  sec.  148;  post,  sec.  731. 


§§  412-414  CRIMES   AGAINST   PUBLIC   PEACE.  174 

§  412.  Prize  fights.  Any  person  who,  within  this  state, 
engages  in,  instigates,  aids,  encourages,  or  does  any  act 
to  further  a  contention  or  fight,  without  weapons,  between 
two  or  more  persons,  or  a  fight  commonly  called  a  ring 
or  prize  fight,  either  within  or  without  the  state,  or  who 
engages  in  a  public  or  private  sparring  exhibition,  with 
or  without  gloves,  within  the  state,  or  who  sends  or  pub- 
lishes a  challenge  or  acceptance  or  [of]  a  challenge  for 
such  a  contention,  exhibition,  or  fight,  or  carries  or  delivers 
such  a  challenge  or  acceptance,  or  trains  or  assists  any 
person  in  training  or  preparing  for  such  a  contention,  ex- 
hibition or  fight,  shall  be  guilty  of  a  felony,  and  upon 
conviction  shall  be  fined  not  less  than  one  thousand 
dollars  nor  more  than  five  thousand  dollars,  and  be  im- 
prisoned in  the  state  prison  not  less  than  one  year  nor 
more  than  three  years;  provided,  however,  that  sparring 
exhibitions,  not  to  exceed  a  limited  number  of  rounds 
with  gloves  of  not  less  than  five  ounces  each  in  weight 
may  be  held  by  a  domestic  incorporated  club  upon  the 
prepayment  by  such  club  of  an  annual  license  to  be  fixed 
by  the  board  of  supervisors  of  cities  and  counties,  or  the 
city  council  or  other  governing  bodies  of  incorporated 
cities.  Said  exhibitions  must  comply  with  the  rules  and 
regulations  as  the  said  supervisors,  city  councils  or  other 
governing  bodies  of  cities  and  towns  shall  prescribe  by 
ordinance;  provided,  further,  that  the  boxers  prior  to  each 
exhibition  must  be  examined  by  a  physician  whc  shall  de- 
termine whether  or  not  they  are  in  perfect  physical  condi- 
dition.     En.  February  14,  1872.     Am'd.  1899,  153;   1903,  409. 

Act  to  prohibit  prize  fighting:  See  post.  Appendix,  title 
Prize  Fighting. 

§  413.  Persons  present  at  prize  fights.  Every  person 
willfully  present  as  a  spectator  at  any  fight  or  contention 
mentioned  in  the  preceding  section,  is  guilty  of  a  dismeanor. 
En.  February  14,  1872. 

§  414.     Leaving  the  state  to  engage  in  prize  fights.     Every 

jierson  who  leaves  this  state  with  intent  to  evade  any 
of  the  provisions  of  the  last  two  sections,  and  to  commit 
any  act  out  of  this  state  such  as  is  prohibited  ly  them, 
and  who  does  any  act  which  would  be  punishable  under 
these  provisions  if  committed  within  this  state,  is  punish- 
able  in   the   same   manner   as   he   would   have   been   in   ease 


173  CRIMES  AGAINST   PUBLIC   PEACE.  §§  415-41S 

such  act  had  been  committed  within  this  state.  En.  Feb- 
ruary 14,  1872. 

§  415.  Disturbing  the  peace  in  night-time.  Every  per- 
son who  maliciously  and  willfully  disturbs  the  peace  or 
quiet  of  any  neighborhood  or  person,  by  loud  or  unusual 
noise,  or  by  tumult.uous  or  offensive  conduct,  or  threaten- 
ing, traducing,  quarreling,  challenging  to  fight  or  fighting, 
or  who  on  the  public  streets  of  any  unincorporated  town, 
or  upon  the  public  highways  in  such  unincorporated  town, 
run  any  horse-race,  either  for  a  wager  or  for  amusement, 
or  fire  any  gun  or  pistol  in  such  unincorporated  town,  or 
uses  any  vulgar,  profane  or  indecent  language  within  the 
presence  or  hearing  of  women  or  children,  in  a  ioud  and 
boisterous  manner,  is  guilty  of  a  misdemeanor,  and  upon 
conviction  by  any  court  of  competent  jurisdiction  shall 
be  punished  by  fine  not  exceeding  two  hundred  dollars, 
or  by  imprisonment  in  the  county  jail  for  not  more  than 
ninetj^  days,  or  by  both  fine  and  imprisonment,  or  either, 
at  the  discretion  of  the  court.  En.  February  14,  1872. 
Am'd.  1877-8,  117. 

Cal.  Rep.  Cit.     62,  509;  62,  510. 

"Maliciously"  and  "willfully":     See  ante,  sec.  7,  subds. 
1   and  4. 
Jurisdiction  of  police  court:     See  Pol.  Code,  sec.  4426. 

§  416.     Refusing  to    disperse   upon   lawful   command.     If 

two  or  more  persons  assemble  for  the  purpose  of  dis- 
turbing the  public  peace,  or  committing  any  unlawful  act, 
and  do  not  disperse  on  being  desired  or  commanded  so  to 
do  by  a  public  officer,  the  persons  so  offending  are  sever- 
ally guilty  of  a  misdemeanor.     En.  February  14,  1872. 

§  417.  Exhibiting  deadly  weapon  in  rude,  etc.,  manner, 
or  using  the  same  unlawfully.  Every  person  who,  not  in 
necessary  self-defense,  in  the  presence  of  two  or  more  per- 
sons, draws  or  exliibits  any  deadly  weapon  in  a  rude,  angry, 
and  threatening  manner,  or  who,  in  any  manner,  unlawfully 
uses  the  same,  in  any  fight  or  quarrel,  is  guilty  of  a  mis- 
demeanor.    En.  February  14,  1872. 

§  418.  Forcible  entry  and  detainer.  Every  person  using 
or  procuring,  encouraging  or  assisting  another  to  use,  any 
force  or  violence  in   entering  upon   or  detaining  any  lands 


§§  419-421  CRIMES   AGAINST    PUBLIC    PEACE.  176 

or  other  possessions  of  another,  except  in  the  cases  and 
in  the  manner  allowed  by  law,  is  guilty  of  a  misdemeanor. 
En.  February  14,  1872. 

Cal.   Eep.   Cit.     60,  574. 

Forcible  entry  and  detainer:  See  post,  sees.  1159  et 
seq. 

§  419.  Keturning  to  take  possession  of  lands  after  being 
removed  by  legal  proceedings.  Every  person  who  has  been 
removed  from  any  lands  by  process  of  law,  or  who  has 
removed  from  any  lands  pursuant  to  the  lawful  adjudica- 
tion or  direction  of  any  court,  tribunal,  or  oflB.cer,  and  who 
afterwards  unlawfully  returns  to  settle,  reside  upon,  or 
take  possession  of  such  lands,  is  guilty  of  a  misdemeanor. 
En.  February  14,  1872. 

§  420.  Inciting  riot.  (Eepealed.)  En,  Stats,  1877-8,  117. 
Eep.  Stats.  1880,  1. 

§  420.    Preventing  person  from  entering  upon  public  lands. 

Every  person  who  unlawfully  prevents,  hinders,  or  obstructs 
any  person  from  peaceably  entering  upon  or  establishing  a 
settlement  or  residence  on  any  tract  of  public  land  of  the 
United  States  within  the  State  of  California,  subject  to  set- 
tlement or  entry  under  any  of  the  public  land  laws  of  the 
United  States:  or  who  unlawfully  hinders,  prevents,  or  ob- 
structs free  passage  over  or  through  the  public  lands  of  the 
United  States  within  the  State  of  California,  for  the  purpose 
of  entry,  settlement,  or  residence,  as  aforesaid,  is  guilty  of  a 
misdemeanor.  En.  Stats.  1877-8,  117.  Eep.  Stats.  1880,  1. 
En.  Stats.  1905,  675. 

This   is   a   codification   of   the   statute   of   1887,    page   147.— Code    Commis- 
sioner's Note. 

§  421.  National  Guard,  discrimination  against  members 
of.  No  association  or  corporation  shall  by  any  constitution, 
rule,  by-law,  resolution,  vote  or  regulation,  discriminate 
against  any  member  of  the  National  Guard  of  California  be- 
cause of  his  membership  therein.  Any  person  who  willfully 
aids  in  enforcing  any  such  constitution,  rule,  by-law,  reso- 
lution, vote  or  regulation  against  any  member  of  said  Na- 
tional Guard  of  California,  is  guilty  of  a  misdemeanor.  En. 
Stats.  1905,  190. 


CRIMES   AGAINST   REVENUE   OF   STATE.  §  424 


TITLE    XII. 

OF  CRIMES  AGAINST  THE  REVENUE  AND  PROPERTY 
OF  THIS  STATE. 

§  424.     Embezzlement   and    falsification    of   accounts   by   public    officers. 

§  425.    Officers  neglecting  to  pay  over  public  moneys. 

§  426.     "Public  moneys,"    as  used  in   the  preceding  section,   defined. 

§  427.  Failure  to  pay  over  fines  and  forfeitures  received,  a  misde- 
meanor. 

§  428.    Obstructing    officer    in    collecting    revenue. 

§  429.    Refusing  to  give  assessor  list  of  property,    or  giving   false  name. 

§  430.     Making   false   statements,    not   under   oath,    in   reference    to   taxes. 

§  431.  Delivering  receipts  for  poll-taxes,  other  than  prescribed  by 
law,  or  collecting  poll-taxes,  etc.,  without  giving  the  re- 
ceipt  prescribed   by   law. 

§  432.  Having  blank  receipts  for  licenses,  etc.,  other  than  those  pre- 
scribed by   law. 

§  433.     (Repealed.) 

§  434.    Refusing  to  give  name  of  persons  in  employment,   etc. 

§  435.     Carrying   on   business   without   license. 

§  436.     Unlawfully    acting    as    auctioneer. 

§  437.     (Repealed.) 

§  438.     (Repealed.) 

§  439.  Effecting  insurance  on  account  of  foreign  companies  that  have 
not  complied   with   the   laws   of   this   state. 

§  440.  Officer  charged  with  collection,  etc.,  of  revenue,  refusing  to  per- 
mit  inspection   of   his  books. 

§  441.  Board  of  examiners,  controller,  and  treasurer,  neglecting  cer- 
tain   duties. 

§  442.    Unlawful   conversion    of   military   property. 

§  443.     Selling   state   arms,    etc.     (Repealed.) 

§  424.  EmTjezzlement  and  falsification  of  accounts  by 
public  ofiicers.  Each  officer  of  this  state,  or  of  any  county, 
city,  town,  or  district  of  this  state,  and  every  other  person 
charged  with  the  receipt,  safekeeping,  transfer,  or  disburse- 
ment of  public  moneys,  who  either: 

1.  Without  authority  of  law,  appropriates  the  same,  or 
any  portion  thereof,  to  his  own  use,  or  to  the  use  of  another; 
or, 

2.  Loans  the  same  or  any  portion  thereof;  makes  any  profit 
out  of,  or  uses  the  same  for  any  purpose  not  authorized  by 
law;  or, 

3.  Knowingly  keeps  any  false  account,  or  makes  any  false 
entry  or  erasure  in  any  account  of  or  relating  to  the  same; 
or, 

4.  Fraudulently  alters,  falsifies,  conceals,  destroys,  or  ob- 
literates any  such  account;  or, 

5.  "Willfully  refuses  or  omits  to  pay  over,  on  demand,  any 
public  moneys  in  his  hands,  upon  the  presentation  of  a  draft. 

Pen.  Code— 12 


§§  425-427  CRIMES   AGAINST   REVENUE    OF   STATE.  ITS 

order,  or  warrant  drawn  upon  such  moneys  by  competent  au- 
thority; or, 

6.  Willfully  omits  to  transfer  the  same,  when  such  transfer 
is  required  hj  law;  or, 

7.  Willfully  omits  or  refuses  to  pay  over  to  any  officer  or 
person  authorized  by  law  to  receive  the  same  any  money  re- 
ceived by  him  under  any  duty  imposed  by  law  so  to  pay 
over  the  same; — 

Is  punishable  by  imprisonment  in  the  state  prison  for  not 
less  than  one  nor  more  than  ten  years,  and  is  disqualified 
from  holding  any  office  in  this  state.  En.  Februarv  14, 
1872.     Am'd.  1880,  30;  1905,  53. 

Cal.  Eep.  Cit.  54,  63;  70,  524;  87,  609;  91,  511;  100,  23; 
103,  489;  113,  211;  117,  244;  124,  454;  124,  455;  124, 
456;  136,  445.  Subd.  2—117,  243.  Subd.  3—117,  243. 
Subd.   4—117,   243.     Subd.   10—70,  526;   120,   5. 

§  425.     Officers   neglecting    to   pay    over    public   moneys. 

Every  officer  charged  with  the  receipt,  safe-keeping,  or  dis- 
bursement of  public  moneys,  who  neglects  or  fails  to  keep 
and  pay  over  the  same  in  the  manner  prescribed  by  law,  is 
guilty   of   felony.     En.    February    14,    1872. 

Cal.  Rep.  Cit.     52,  200;  91,  511. 

Fines  to  be  paid  over:   Sees.    1457,   1570. 

§  426.  "Public  moneys,"  as  used  in  the  preceding  sec- 
tion, defined.  The  phrase  "public  monej's, "  as  use  J  in  the 
two  preceding  sections,  includes  all  bonds  and  evidence  of 
indebtedness,  and  all  moneys  belonging  to  the  state,  or 
any  city,  county,  town,  or  district  therein,  and  all  moneys, 
bonds,  and  evidences  of  indebtedness  received  or  held  by 
state,  county,  district,  city  or  town  officers  in  their  official 
capacity.     En.   February    14,    1872. 

Cal.  Eep.  Cit.     117,  244. 

§  427.  Failure  to  pay  over  fines  and  forfeitures  received, 
a  misdemeanor.  If  any  clerk,  justice  of  the  peace,  sheriff, 
or  C'oustable,  who  receives  any  fine  or  forfeiture,  refuses 
or  neglects  to  pay  over  the  same  according  to  law,  and 
within  thirty  days  after  the  receipt  thereof,  he  is  guilty 
of  a   misdemeanor.     En.   February   14,   1872. 

Cal.  Eep.  Cit.     65,  478. 

Fines  to  be  paid  over:   See   post,  sees.   1457,   1570. 


179  CRIMES    AGAINST    REVENUE    OF    STATE.  §§  428-432 

§  428.  Obstructing  officer  in  collecting  revenue.  Every 
person  who  willfully  obstructs  or  hinders  any  public  offi- 
cer from  collecting  any  revenue,  taxes,  or  other  sums 
of  money  in  which  the  people  of  this  state  are  interested, 
and  which  such  officer  is  by  law  empowered  to  collect,  is 
guilty  of  a  misdemeanor.     En.  February  14,  1872. 

Cal.  Rep.  Cit.  91,  510;  91,  511. 

§  429.  Refusing  to  give  assessor  list  of  property,  or 
giving  false  name.  Every  person  who  unlawfully  refuses, 
upon  demand,  to  give  to  any  county  assessor  a  list  of 
his  property  subject  to  taxation,  or  to  swear  to  such  list, 
or  who  gives  a  false  name  or  fraudulently  refuses  to  give 
his  true  name  to  any  assessor,  when  demanded  by  such  as- 
sessor in  the  discharge  of  his  official  duties,  is  guilty  of  a 
misdemeanor.     En.  February  14,   1872. 

Statement  of  property  owned:  See  Pol.  Code,  sees.  3629, 
3631. 

§  430.  Making  false  statements,  not  under  oath,  in  ref- 
erence to  taxes.  Every  person  who',  in  making  any  state- 
ment, not  upon  oath,  oral  or  written,  which  is  required  or 
authorized  by  law  to  be  made,  as  the  basis  of  imposing 
any  tax  or  assessment,  or  of  an  application  to  reduce  any 
tax  or  assessment,  willfully  states  anything  which  he  knows 
to  be  false,  is  guilty  of  a  misdemeanor.  En.  February  14, 
1872. 

Statement  of  value:  See  Pol.  Code,  sees.  3629-3631;  re- 
duction of  valuation,  sees.  3674,  3675. 

§  431.  Delivering  receipts  for  poll-taxes,  other  than 
prescribed  by  law,  or  collecting  poll-taxes,  etc.,  without 
giving  the  receipt  prescribed  by  law.  Every  person  who 
uses  or  gives  any  receipt,  except  that  prescribed  by  law, 
as  evidence  of  the  payment  of  any  poll-tax,  road-tax,  or 
license  of  any  kind,  or  who  receives  payment  of  such 
tax  or  license  without  delivering  the  receipt  prescribed  by 
law,  or  who  inserts  the  name  of  more  than  one  person 
therein,  is  guilty  of  a  misdemeanor.  En.  February  14, 
1872. 

See  Pol.  Code,  Licenses,  sees.  3356-3385. 

§  432.  Having  blank  receipts  for  licenses,  etc.,  other 
than  those  prescribed  by  law.  Every  person  who  has  in 
his   possession,   with   intent   to   circulate   or   sell,   any   blank 


§§  433-439  CRIMES    AGAINST   REVENUE    OF   STATE.  ISO 

licenses  or  poll-tax  receipts  other  than  those  furnished  by 
the  controller  of  state  or  county  auditor,  is  guiltv  of  felony. 
En.  February  14,  1872. 

See  Pol.  Code,  sees.  3839-3845. 

§  433.  (Eepealed.)  En.  February  14,  1872.  Eep.  April 
1,  1872.  [The  repealing  act  is  on  file  in  the  secretary  of 
state's  office,  but  is  not  printed  in  the  statutes.  See  Deer- 
ing's  Penal   Code  under  this   section.] 

§  434.  Refusing  to  give  name  of  persons  in  employment, 
etc.  Every  person  who,  when  requested  by  the  collector 
of  taxes  or  licenses,  refuses  to  give  to  such  collector  the 
name  and  residence  of  each  man  in  his  employment,  or  to 
give  such  collector  access  to  the  building  or  place  where 
such  men  are  employed,  is  guilty  of  a  misdemeanor.  En. 
February  14,   1872. 

See  Pol.  Code,  sees.  3848-3850. 

§  435.  Carrying  on  business  without  license.  Every 
person  who  commences  or  carries  on  any  business,  trade, 
profession,  or  calling,  for  the  transaction  or  carrying  on 
of  which  a  license  is  required  by  any  law  of  this  state, 
without  taking  out  or  procuring  the  license  prescribed  by 
such  law,  is  guilty  of  a  misdemeanor.  En.  Februarj'  14, 
1872. 

Cal.  Eep.  Cit.     69,  608;  69,  611;  71,  468;  85,  210;  106,  404; 

106,  405;  106,  406;  106,  408;  114,  282. 
License  law:   See  Pol.  Code,  Licenses,  sees.  3356-3386. 

§  436.  Unlawfully  acting  as  auctioneer.  Every  person 
who  acts  as  an  auctioneer  in  violation  of  the  laws  of  this 
state  relating  to  auctions  and  auctioneers,  is  guilty  of  a 
misdemeanor.     En.   February    14,   1872. 

Auctioneers:   See   Pol.  Code,  sees.   3284-3292,  3376. 

§§  437,  438.  (Eepealed.)  En.  February  14,  1872.  Eep. 
April  1,  1872.  [The  repealing  act  is  on  file  in  the  secretary' 
of  state's  office,  but  is  not  printed  in  the  statutes.  See 
Deering's  Penal  Code  under  this  section.] 

§  439.  Effecting  insurance  on  account  of  foreign  com- 
panies that  have  not  complied  with  the  laws  of  this  state. 
Every    person    who    in    this    state     procures,    or    agrees     to 


4431/2  (new).  Every  person,  other  than  an  officer  or 
?nlisted  man  of  the  National  Guard  or  Naval  Militia  of 
the  State  of  California,  or  of  any  other  state,  or  of  the 
United  States  Army,  Navy,  Marine  Corps  or  Revenue  Ser- 
vice or  Forest  Service,  or  inmate  of  any  veterans'  or  sol- 
Jiers'  home,  who  at  any  time  wears  the  uniform  of  the 
United  States  Army  or  Navy  or  National  Guard,  or  any 
part  of  such  uniform,  or  a  uniform  or  part  of  a  uniform 
similar  thereto,  within  the  bounds  of  the  State  of  California, 
s  guilty  of  a  misdemeanor,  and  if  found  guilty  of  such 
jffense  shall  be  punishable  by  a  fine  of  not  less  than  one 
lundred  nor  more  than  two  hundred  and  fifty  dollars,  or 
3y  imprisonment  in  the  county  jail  not  exceeding  sixty 
lays,  or  by  both  such  fine  and  imprisonment;  provided, 
;hat  nothing  in  this  act  shall  be  construed  as  prohibiting 
persons  of  the  theatrical  profession  from  wearing  such  uni- 
form in  any  playhouse  or  theatre  while  actually  engaged 
n  following  said  profession,  and  provided,  that  nothing  in 
his  act  shall  be  construed  as  prohibiting  the  uniform  rank 
)f  civic  societies  parading  or  traveling  in  a  body  or  assem- 
)ling  in  a  lodge  room;  and  provided  further,  that  whenever 
he  National  Guard,  or  any  part  thereof  is  in  active  service, 
)r  is  called  into  active  service,  no  civic  organization  or 
nember  thereof  shall  parade  or  appear  in  uniform  in  the 
ocality  where  said  National  Guard  is  in  service.  (In  effect 
;Iarch  21,  1907.) 


ISl  CRIMES   AGAINST    REVENUE   OF   STAT^.  §§  440-«3 

procure,  any  insurance  for  a  resident  of  this  state,  from 
any  insurance  company  not  incorporated  under  the  laws 
of  this  state,  unless  such  company  or  its  agent  has  filed 
the  bond  required  by  the  laws  of  this  state  relating  to 
insurance,  is  guilty  of  a  misdemeanor.  En.  February  14, 
1872. 

Bonds  from  foreign  corporations:   Pol.   Code,  sec.  623. 

§  440.  Oificer  charged  with  collection,  etc.,  of  revenue, 
refusing  to  permit  inspection  of  his  books.  Every  officer 
charged  with  the  collection,  receipt,  or  disbursement  of  any 
portion  of  the  revenue  of  this  state,  who,  upon  demand, 
fails  or  refuses  to  permit  the  controller  or  attorney-general 
to  inspect  his  books,  papers,  receipts,  and  records  pertain- 
ing to  his  office,  is  guilty  of  a  misdemeanor.  En.  February 
14,  1872. 

Cal.  Eep.   Cit.     43,   167. 

§  441.  Board  of  examiners,  controller,  and  treasurer 
neglecting  certain  duties.  Every  member  of  the  board  of 
examiners,  and  every  controller  or  state  treasurer,  who 
violates  any  of  the  provisions  of  the  laws  of  this  state 
relating  to  the  board  of  examiners,  or  prescribing  its  pow- 
ers and  duties,  is  guilty  of  a  felony.  En.  February  14, 
1872.      , 

Board  of  examiners:  Pol.  Code,  sees.  654  et  seq. 

§  442.  Unlawful  conversion  of  military  property.  Any 
person  who  shall  secrete,  sell,  dispose  of,  offer  for  sale,  pur- 
chase, retain  after  demand  made  by  a  commissioned  officer 
of  the  National  Guard,  or  in  any  manner  pawn  or  pledge 
any  arms,  uniforms,  equipments,  or  other  military  property 
of  the  State  of  California,  or  of  any  company  of  the  Na- 
tional Guard  shall  be  guilty  of  a  misdemeanor.  En.  Feb- 
ruary  14,  1872.     Am'd.   1905,  144. 

See  Pol.  Code,  sees.  1963-1968. 

§  443.  Selling  state  arms,  etc.  En.  February  14,  1872. 
Eep.   1905,   145. 


§  447  ARSON.  182 

TITLE     XIII. 

OF   CEIMES  AGAINST  PEOPEETY. 
Chapter    I.     Arson,  §§   447-455. 

II.     Burglary  and  Housebreaking,  §§  459-463. 

III.  Having  Possession  of   Burglarious   Instruments 

and  Deadly  Weapons,  §§  466,  467. 

IV.  Forgery  and  Counterfeiting,  §§  470-482. 
V.     Larceny,  §§  484-5021^. 

VI.     Embezzlement,  §§  503-514. 

VII.  Extortion,  §§  518-526. 

VIII.  False  Personation  and  Cheats,  §§  528-538%. 
IX.     Fraudulently  Fitting  Out  and  Destroying  Ves- 
sels, §§  539-5431/2- 

X.     Fraudulently    Keeping    Possession    of    Wrecked 
Property,  §§  544,  545. 
XL     Fraudulent    Destruction    of    Property    Insured, 
§§  548,  549. 
XIL     False  Weights  and  Measures,  §§  552-555. 
XIII.     Fraudulent    Insolvencies    by    Corporations,    and 
Other     Frauds     in     their     Management,      §§ 
557-572.  9 

XIV.     Fraudulent    Issue    of    Documents    of    Title    to 
Merchandise,  §§  577-583. 
XV.     Malicious   Injuries   to    Eailroad   Bridges,   High- 
ways,  Bridges,   and   Telegraphs,    §§    587-593a. 

CHAPTEE  I. 

ARSON. 

§  447.  Arson    defined. 

§  448.  "BuiMing"    defined. 

§  449.  "Inhabited    building"    defined 

§  430.  "Night-time"     defitjed. 

§  451.  "Burning"    defined. 

§  452.  Ownership    of    the   building. 

§  453.  Degrees   of   arson. 

§  454.  Arson    of    the    first   degree.     Arson    of   the   second    degree. 

§  455.  Punishment   of  arson. 

§  447.  Arson  defined.  Arson  is  the  willful  and  mali- 
cious burning  of  a  building  with  intent  to  destroy  it.  En. 
February  14,  1872. 


1S3  ARSON.  §§  448-454 

Cal.  Rep.  Cit,     51,  320;  71,  49;  81,  617;   81,  618;  103,  445; 

113,  406;  127,  340. 
Burning  insured  property:     Post,  see.  548. 

§  448.  "Building"  defined.  Any  house,  edifice,  structure, 
vessel,  or  other  erection,  capable  of  affording  shelter  for 
human  beings,  or  appurtenant  to  or  connected  with  an 
erection  so  adapted  is  a  "building"  within  the  meaning  of 
this  chapter.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     71,  49;  81,  617;  103,  445. 

§  449.  "Inhabited  building"  defined.  Any  building 
which  has  usually  been  occupied  by  any  person  lodging 
therein  at  night  is  an  "inhabited  building,"  within  the 
meaning  of  this  chapter.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     71,  49;  81,  617. 

§  450.  "Night-time"  defined.  The  phrase  "night-time," 
as  used  in  this  chapter,  means  the  period  between  sunset 
and  sunrise.     En.  February  14,  1872. 

See  sec.  463. 

§  451.  "Burning"  defined.  To  constitute  a  burning, 
within  the  meaning  of  this  chapter,  it  is  not  necessary  that 
the  building  set  on  fire  should  have  been  destroyed.  It 
is  sufficient  that  fire  is  applied  so  as  to  take  effect  upon 
any  part  of  the  substance  of  the  building.  En.  February 
14,  1872. 

Cal.  Rep.  Cit.     103,  445. 

§  452,  Ownership  of  the  building.  To  constitute  arson 
it  is  not  necessary  that  a  person  other  than  the  accused 
should  have  had  -ownership  in  the  building  set  on  fire 
It  is  sufficient  that  at  the  time  of  the  burning  another 
person  was  rightfully  in  possession  of,  or  was  actually 
occupying  such  building,  or  any  part  thereof.  En.  Feb- 
ruary 14,  1872. 

Cal.  Rep.  Cit.     71,  49;  81,  617;  113,  406;  120,  686;  135,  166. 

§  453.     Degrees  of  arson.     Arson  is  divided  into   two   de- 
grees.    En.  February  14,  1872. 
Cal.  Rep.  Cit.     53,  627. 

§  454.  Arson  of  the  first  degree.  Arson  of  the  second 
degree.     Maliciously    burning    in    the    night-time    an    inhab- 

7 


§§  433-4«l  BrRGLARY    AND    HOUSEBREAKING.  IRl 

ited  building  in  which  there  is  at  the  time  some  human 
being,  is_  arson  in  the  first  degree.  All  other  kinds  of 
arson  are  of  the  second  degree.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     51,  ^20;  53,  627. 

An  act  of  April  1,  1872,  Stats.  1871-2,  895,  defining  arson 
in  the  second  degree,  was  superseded  by  the  above  section. 

Setting  on  fire  of  woods,  prairies,  grasses,  or  grain,  on 
any  lands:     See  ante,  sec.  384. 

§  455.  Punishment  of  arson.  Arson  is  punishable  by 
imprisonment  in  the  state  prison  as  follows: 

1.  Arson  in  the  first  degree,  for  not  less  than  two  j^ears; 

2.  Arson  in  the  second  degree,  for  not  less  than  one 
nor  more  than  twenty-five  years.  En.  February  14,  1872. 
Am'd.  1901,  664. 

CHAPTER   II. 

BURGLARY     AND    HOUSEBREAKING. 

§  459.  "Burglary"    defineJ. 

§  460.  Punishment    of   burglary. 

§  461.  "Housebreaking"    defined. 

§  4fi2.  Punishment    of    housebreaking.     (Repealed.) 

§  463.  "Night-time"    defined. 

§  459.  "Burglary"  defined.  Every  person  who  enters 
any  house,  room,  apartment,  tenement,  shop,  warehouse, 
store,  mill,  barn,  stable,  outhouse,  or  other  building,  tent, 
vessel,  or  railroad  car,  with  intent  to  commit  grand  or 
petit  larceny,  or  any  felony,  is  guilty  of  burglary.  En. 
February  14,  1872.     Am'd.   1875-6,  111.' 

Cal.  Eep.  Cit.  52,  454;  55,  525;  56,  407;  58,  106;  59,  383; 
61,  366;  65,  226;  67,  104;  86,  240;.  93,  113;  94,  482; 
94,  597;  121,  347;  130,  602;  138,  146;  138,  484;  143, 
129. 

§  460.  Punishment  of  burglary.  Everj^  burglary  com- 
mitted in  the  night-time  is  burglary  of  the  first  degree, 
and  every  burglary  committed  in  the  day-time  is  burglary 
of  the  second  degree.  En.  February  14,  1872.  Am'd.  1875-6, 
112. 

Cal.  Rep.  Cit.     59,  383;   73,  581;   106,  642;   144,  754. 

§  461.  "Housebreaking"  defined.  Burglary  of  the  first 
degree   is   punishable   by   imprisonment   in    the   state   prison 


ISS  POSSESSING    BURGLARIOUS    INSTRUMENTS.        §§     462-467 

for  not  less  than  one  nor  more  than  fifteen  years.  Burg- 
lary of  the  second  degree  is  punishable  by  imprisonment  in 
the  state  prison  for  not  more  than  five  years.  En.  February 
14,  1872.     Am'd.  1875-6,  112. 

Cal.  Eep.  Cit.     88,  120;  88,  173;  143,  599. 

§  462.     Punishment  of  housebreaking.       (Eepcaled.)       En. 
February  14,  1872.     Rep.  1875-6,  112. 
Cal.  Rep.  Cit.     48,  549. 

§  463.  "Night-time"  defined.  The  phrase  "night-time," 
as  used  in  this  chapter,  means  the  period  between  sunse/ 
and  sunrise.     En.  February  14,  1872. 

Cal.  Rep.  Cit.     144,  754. 
See   ante,   sec.   450. 

CHAPTER   III. 

HAVING     POSSESSION     OF     BURGLARIOUS      INSTRUMENTS     AND 
DEADLY    WEAPONS. 

§  4C6.     Possession    of    burglarious    Instruments. 
§  467.     Having   pos-session    of   deadly   weapons. 

§  466.  Possession  of  burglarious  instruments.  Every  per- 
son having  upon  him,  or  in  his  possession,  a  picklock,  crow, 
key,  bit,  or  other  instrument  or  tool,  with  intent  feloniously 
to  break  or  enter  into  any  building,  or  who  shall  know- 
ingly make  or  alter,  or  shall  attemj^t  to  make  or  alter, 
any  key  or  other  instrument  above  named,  so  that  the 
same  will  fit  or  open  the  lock  of  a  building,  without 
being  requested  so  to  do  by  some  person  having  the 
right  to  open  the  same,  or  who  shall  make,  alter,  or  repair 
any  instrument  or  thing,  knowing,  or  having  reason  to 
believe,  that  it  is  intended  to  be  used  in  committing  a 
misdemeanor  or  felony,  is  guilty  of  misdemeanor.  Any  of 
the  structures  mentioned  in  section  four  hundred  and  fifty- 
nine  of  tnis  code,  shall  be  deemed  to  be  a  building  within 
the  meaning  of  this  section.  En.  February  14,  1872.  Am'd. 
1873-4,  463. 

§  467.  Having  possession  of  deadly  weapons.  Every  per- 
son having  upon  him  any  deadly  weapon  with  intent  to 
assault  anothfr,  is  guilty  of  a  misdemeanor.  En.  February 
14,    1872. 


§  470  FORGERY     AND     COUNTERFEITING.  188 

CHAPTEE  IV. 

FORGERY    AND    COUNTERFEITING." 

I  470.  Forgery    of   wills,    conveyances,    etc. 

§  471.  Making   false    entries   in   records   or   returns. 

§  472.  Forgery  of   public   and  corporate  seals. 

§  473.  Punishment    of    forgery. 

§  474.  Forging    telegraph    or   telephone    messages. 

§  47.5.  Passing   or    receiving   forged    notes. 

§  476.  Making,    passing,    or   uttering  fictitious  bills,    etc. 

§  477.  Counterfeiting  coin,   bullion,   etc. 

§  478.  Punishment   of  counterfeiting. 

§  479.  Possessing    or    receiving    counterfeit    coin,    bullion,    etc. 

I  4S0.  Making    or    possessing    counterfeit    dies    or   plates. 

§  4S1.  Counterfeiting   railroad    or   steamship    ticket,    etc. 

§  482.  Restoring   canceled   railroad   or  steamship   tickets. 

§  470.  Forgery  of  wills,  conveyances,  etc.  Every  person 
who,  with  intent  to  defraud,  signs  the  name  of  another  per- 
son, or  of  a  fictitious  person,  knowing  that  he  has  no  author- 
ity so  to  do,  to,  or  falsely  makes,  alters,  forges,  or  counter- 
feits, any  charter,  letters-patent,  deed,  lease,  indenture,  writ- 
ing obligatory,  will,  testament,  codicil,  bond,  covenant,  bank 
bill  or  note,  postnote,  check,  draft,  bill  of  exchange,  con- 
tract, promissory  note,  due-bill  for  the  payment  of  money 
or  property,  receipt  for  money  or  property,  passage  ticket, 
power  of  attorney,  or  any  certificate  of  any  share,  right,  or 
interest  in  the  stock  of  any  corporation  or  association,  or 
any  controller's  warrant  for  the  payment  of  money  at  the 
treasury,  county  order  or  warrant,  or  request  for  the  pay- 
ment of  money,  or  the  delivery  of  goods  or  chattels  of  any 
kind,  or  for  the  delivery  of  any  instrument  of  writing,  or 
acquittance,  release,  or  receipt  for  money  or  goods,  or  any 
acquittance,  release,  or  discharge  of  any  debt,  account,  suit, 
action,  demand,  or  other  thing,  real  or  personal,  or  any 
transfer  or  assurance  of  money,  certificate  of  shares  of 
stock,  goods,  chattels,  or  other  property  whatever,  or  any 
letter  of  attorney,  or  other  power  to  receive  money,  or  to 
receive  or  transfer  certificates  of  shares  of  stock  or  annu- 
ities, or  to.  let,  lease,  dispose  of,  alien,  or  convey  any  goods, 
chattels,  lands,  or  tenements,  or  other  estate,  real  or  per- 
sonal, or  any  acceptance  or  indorsement  of  anj^  bill  of 
exchange,  promissory  note,  draft,  order,  or  any  assignment 
of  any  bond,  writing  obligatory,  promissory  note,  or  other 
contract  for  money  or  other  property;  or  counterfeits  or 
forges  the  seal  or  handwriting  of  another;  or  utters,  pub- 
lishes, passes,  or  attempts  to  pass,  as  true  and  genuine,  any 


187  FORGERY   AND    COUNTERFEITING.  §§  471,  472 

of  the  above-named  false,  altered,  forged,  or  counterfeited 
matters,  as  above  specified  and  described,  knowing  the  same 
to  be  false,  altered,  forged,  or  counterfeited,  with  intent  to 
prejudice,  damage,  or  defraud  any  person;  or  who,  with 
intent  to  defraud,  alters,  corrupts,  or  falsifies  any  record 
of  any  will,  codicil,  conveyance,  or  other  instrument,  the 
record  of  which  is  by  law  evidence,  or  any  record  of  any 
judgment  of  a  court  or  the  return  of  any  officer  to  any 
process  of  any  court,  is  guilty  of  forgery.  En.  February  14, 
1872.     Am'd.   1905,  673. 

The  change  consists  in  tlie  insertion  of  the  words  "or  of  a  fictitious 
person."  in  the  beginning  of  the  section.  The  purpose  of  the  amend- 
ment is  to  make  the  forging  of  the  name  of  a  fictitious  person,  or 
knowingly  signing  the  name  of  another,  criminal  if  done  with  intent 
to   demand. — Code   Commissioner's   Note. 

Cal.  Eep.  Cit.  65,  279;  66,  262;  70,  63;  77,  465;  84,  569 
90,  587;  90,  589;  91,  473;  92,  592;  96,  174;  JOG,  665 
103,  564;  103,  565;  105,  38;  108,  442;  111,  280;  113 
280;  114,  353;  117,  30;  118,  292;  119,  167;  122,  495 
123,  410;  127,  100;  130,  452;  133,  125;  133,  126;  133 
127;  135,  301;  137,  451;  137,  452;  137,  453;  137,  454 
139,  68;   143,  119. 

Forgery  of  records:  See  post,  sec.  471. 

§  471.  Making  false  entries  in  records  or  returns.  Every 
person  who,  with  intent  to  defraud  another,  makes,  forges, 
or  alters  any  entry  in  any  book  of  records,  or  any  instru- 
ment purporting  to  be  any  record  or  return  specified  in 
the  preceding  section,  is  guilty  of  forgery.  En.  February 
14,  1872. 

Cal.  Eep.  Cit.     96,  174;   133,  125. 

Forgery  of  records:   See  ante,  sec.  470. 

§  472.     Forgery    of    public    and    corporate    seals.     Every 

person  who,  with  intent  to  defraud  another,  forges,  or 
counterfeits  the  seal  of  this  state,  the  seal  of  any  public 
officer  authorized  by  law,  the  seal  of  any  court  of  record, 
or  the  seal  of  any  corporation,  or  any  other  public  seal 
authorized  or  recognized  by  the  laws  of  this  state,  or  of 
any  other  state,  government,  or  country,  or  who  falsely 
makes,  forges,  or  counterfeits  any  impression  purporting 
to  be  an  impression  of  any  such  seal,  or  who  has  in  his 
possession  any  such  counterfeited  seal  or  impression 
thereof,  knowing  it  to  be  counterfeited,  and  willfully  con- 
ceals the  same,  is  guilty  of  forgery.  En.  February  14, 
1872. 

Cal.   Rep.   Cit.     133,   125;    137,  451. 


§§  473-475  FORGERY   AND   COUNTERFEITING.  18S 

§  473.  Punishment  of  forgery.  Forgery  is  punishable  by 
imprisonment  in  the  state  prison  for  not  less  than  one  nor 
more    than   fourteen   years.     En.   February    1-i,    1872. 

Cal.  Rep.  Cit.     133,  12.5. 

§  47i.  Forging  telegraph  or  telephone  messages.  Every 
person  who  knowingly  and  willfully  sends  by  telegraph  or 
telephone  to  any  person  a  false  or  forged  message,  purport- 
ing to  be  from  a  telegraph  or  telephone  office,  or  from  any 
other  person,  or  who  willfullj^  delivers  or  causes  to  be  de- 
livered to  any  person  any  such  message  falsely  purporting 
to  have  been  received  by  telegraph  or  telephone,  or  who 
furnishes,  or  conspires  to  furnish,  or  causes  to  be  furnished 
to  any  agent,  operator,  or  employee,  to  be  sent  by  telegraph 
or  telephone,  or  to  be  delivered,  any  such  message,  knowing 
the  same  to  be  false  or  forged,  with  the  intent  to  deceive, 
injure,  or  defraud  another,  is  punishable  by  imprisonment 
in  the  state  prison  not  exceeding  five  years,  or  in  the  county 
jail  not  exceeding  one  year,  or  by  fine  not  exceeding  five 
thousand  dollars,  or  by  both  such  fine  and  imprisonment. 
En.   February   14,   1872.     Am'd.    1905,   674. 

The  change  consists  in  the  insertion  of  the  wordj   "or  telephone"   after 
"telegraph." — Code    Commissioner's    Note. 

Cal.  Eep.   Cit.     143,   119;   143,  128. 

§  475.  Passing  or  receiving  if  orged  notes.  Every  person 
who  has  in  his  possession,  or  receives  from  another  per- 
son, any  forged  promissoiy  note  or  bank-bill,  or  bills,  for 
the  payment  of  money  or  property,  with  the  intention  to 
pass  the  same,  or  to  permit,  cause,  or  procure  the  same 
to  be  uttered  or  passed,  with  the  intention  to  defraud  any 
person,  knowing  the  same  to  be  forged  or  counterfeited, 
or  has  or  keeps  in  his  possession  any  blank  or  unfinished 
note  or  bank-bill  made  in  the  form  or  similitude  of  any 
promissory  note  or  bill  for  payment  of  money  or  property, 
made  to  be  issued  by  any  incorporated  bank  or  banking 
company,  with  intention  to  fill  up  and  complete  such  blank 
and  unfinished  note  or  bill,  or  to  permit,  or  cause,  or  pro- 
cure the  same  to  be  filled  up  and  completed  in  order  to 
utter  or  pass  the  same,  or  to  permit,  or  cause,  or  procure 
the  same  to  be  uttered  or  passed,  to  defraud  any  person, 
is  punishable  by  imprisonment  in  the  state  prison  for  not 
less  than  one  nor  more  than  fourteen  years.  En.  February 
14,  1872. 


t76a  (new).  Every  person  who,  willfully,  with  intent  to 
raud,  makes  or  draws,  or  utters,  or  delivers  to  another 
3on  any  check  or  draft  on  a  bank,   banker  or  depositary 

the  payment  of  money,  knowing  at  the  time  of  such 
iing,  drawing,  uttering  or  delivery,  that  he  has  not 
icient  funds  in  or  credit  with  such  bank,  banker  or  de- 
itary  to  meet  such  check  »r  draft  in  full  upon  its  presen- 
on,    is    punishable   by    imprisonment    in    the    state    prison 

not  less  than  one  year  nor  more  than  fourteen  years. 
:  word  "credit"  as  used  herein  shall  be  construed  to  be 
arrangement  or  understanding  with  the  bank  or  de- 
tary  for  the  payment  of  such  check  or  draft.  (In  effect 
lays  from  and  after  March  19,  1907.) 


1S9  FORGERY    AND     COUNTERFEITING.  §§  476-473 

§  476,     Making,   passing,    or  uttering  fictitious  bills,   etc. 

Every  jierson  who  makes,  j^asses,  utters,  or  publishes,  with 
intention  to  defraud  any  other  person,  or  who,  with  the 
like  intention,  attempts  to  pass,  utter,  or  publish,  or  who 
has  in  his  possession,  with  like  intent  to  utter,  pass,  or 
publish,  any  fictitious  bill,  note,  or  check,  purporting  to  be 
the  bill,  note,  or  check,  or  other  instrument  in  writing  for 
the  payment  of  money  or  property  of  some  bank,  corpora- 
tion, copartnership,  or  individual,  when,  in  fact,  there  is  no 
such  bank,  corporation,  copartnership,  or  individual  in  ex- 
istence, knowing  the  bill,  note,  check,  or  instrument  in  writ- 
ing to  be  fictitious,  is  punishable  by  imprisonment  in  the 
state  prison  for  not  less  than  one  nor  more  than  fourteen 
years.     En.  February  14,   1872. 

Cal.  Eep.  Cit.  90,  o87;  90,  589;  105,  38;  105,  39;  105,  40; 
109,  296;  109,  297;  109,  298;  114,  351;  114,  353;  119, 
169;  133,  122;  133,  123;  133,  125;  133,  126;  133,  127; 
135,  300;   135,  301;   137,  451;   137,  452;   137,  454. 

§  477.  Counterfeiting,  coin,  bullion,  etc.  Every  person 
who  counterfeits  any  of  the  species  of  gold  or  silver  coin 
current  in  this  state,  or  any  kind  or  species  of  gold  dust, 
gold  or  silver  bullion,  or  bars,  lumps,  pieces,  or  nuggets, 
or  who  sells,  passes,  or  gives  in  payment  such  counterfeit 
coin,  dust,  bullion,  bars,  lumps,  pieces,  or  nuggets,  or  per- 
mits, causes  or  procures  the  same  to  be  sold,  uttered,  or 
passed,  with  intention  to  defraud  any  person,  knowing  the 
same  to  be  counterfeited,  is  guilty  of  counterfeiting.  En. 
February  14,  1872. 

§  478.  Punishment  of  counterfeiting.  Counterfeiting  is 
punishable  by  imprisonment  in  the  state  prison  for  not 
less  than  one  nor  more  than  fourteen  years.  En.  February 
14,   1872. 

§  479.  Possessing  or  receiving  counterfeit  coin,  bullion, 
etc.  Every  person  who  has  in  his  possession,  or  receives 
for  any  other  person,  any  counterfeit  gold  or  silver  coin 
of  the  species  current  in  this  state,  or  any  counterfeit 
gold  dust,  gold  or  silver  bullion  or  bars,  lumps,  pieces, 
or  nuggets,  with  the  intention  to  sell,  utter,  put  off,  or 
pass  the  same,  or  permits,  causes,  or  procures  the  same 
to  be  sold,  uttered,  or  passed,  with  intention  to  defraiul 
any  person,  knowing  the  same  to  be  counterfeit,  is  pun- 
ishable by  imprisonment  in  the  state  prison  not  less  than 
one  nor  more  than  fourteen  ycai's.  En.  February  14, 
1872. 


§§  480-4S2  FORGERY    AND    COUNTERFEITING.  190 

§  480.    Making  or  possessing  counterfeit  dies   or  plates. 

Every  person  who  makes,  or  knowingly  has  in  his  posses- 
sion any  die,  plate,  or  any  apparatus,  paper,  metal,  ma- 
chine, or  other  thing  whatever,  made  use  of  in  counter- 
feiting coin  current  in  this  state,  or  in  counterfeiting  gold 
dust,  gold  or  silver  bars,  bullion,  lumps,  pieces,  or  nug- 
gets, or  in  counterfeiting  bank  notes  or  bills,  is  punishable 
by  imprisonment  in  the  state  prison  not  less  than  one 
nor  more  than  fourteen  years;  and  all  such  dies,  plates, 
apparatus,  paper,  metal,  or  machine,  intended  for  the  pur- 
pose aforesaid,  must  be  destroyed.  En.  February  14,  1872. 
Cal.  Eep.  Cit.     80,  285;  80,  286;  80,  287. 

§  481.     Counterfeiting     railroad     or     steamsMp     tickets. 

Every  person  who  counterfeits,  forges,  or  alters  any  ticket, 
check,  order,  coupon,  receipt  for  fare,  or  pass,  issued  by  any 
railrgad  or  steamship  company,  or  by  any  lessee  or  manager 
thereof,  designed  to  entitle  the  holder  to  ride  in  the  cars  or 
vessels  of  such  conmpany,  or  who  utters,  publishes,  or  puts 
into  circulation,  any  such  counterfeit  or  altered  ticket, 
check,  or  order,  coupon,  receipt  for  fare,  or  pass,  with  ijitent 
to  defraud  any  such  railroad  or  steamship  company,  or  any 
lessee  thereof,  or  any  other  person,  is  punishable  by  im- 
prisonment in  the  state  prison,  or  in  the  county  jail,  not 
exceeding  one  year,  or  by  fine  not  exceeding  one  thousand 
dollars,  or  by  both  such  imprisonment  and  fine.  En.  Stats. 
1873-4,  433.     Am'd.  1905,  675. 

The  change  consists  in   the   insertion   of  the  words    "or  steamship"   after 
"railroad,"     and     "or     vessels"     after     "cars." — Code     Commissioner's 

Note. 

§  482.    Restoring  canceled  railroad  or  steamship  tickets. 

Every  person  who,  for  the  purpose  of  restoring  to  its  orig- 
inal appearance  and  nominal  value  in  whole  or  in  part,  re- 
moves, conceals,  fills  up,  or  obliterates,  the  cuts,  marks, 
punch-holes,  or  other  evidence  of  cancellation,  from  any 
ticket,  check,  order,  coupon,  receipt  for  fare,  or  pass,  issued 
by  any  railroad  or  steamship  company,  or  any  lessee  or 
manager  thereof,  canceled  in  whole  or  in  part,  with  intent 
to  dispose  of  by  sale  or  gift,  or  to  circulate  the  same,  or 
with  intent  to  defraud  the  railroad  or  steamship  company, 
or  lessee  thereof,  or  any  other  person,  or  who,  with  like  in- 
tent to  defraud,  offers  for  sale,  or  in  payment  of  fare  on  the 
railroad  or  vessel  of  the  company,  such  ticket,  check,  order, 
coupon,  or  pass,  knowing  the  same  to  have  been  so  re- 
stored, in  whole  or  in  part,  is  punishable  by  imprisonment  in 


19i  LARCENY.  §§  484,  485 

the  county  jail  not  exceeding  six  months,  or  by  a  fine  not 
exceeding  one  thousand  dollars,  or  by  both  such  imprison- 
ment and  fine.     En.  Stats.  1873-4,  433.     Am'd.  1905,  675. 

The    words    "or    steamship"    are    twice    Inserted   after    "railroad." — Code 
Commissioner's    Note. 

Cal.  Eep.  Cit.     133,  125. 


CHAPTEE  V. 

LARCENY. 

§  4S4.     "Larceny"    defined.  ^    ; 

§  4S5.     Larceny   of   lost   property. 

§  4S6.     Grand   and    petit   larceny. 

§  4S7.     Grand    larceny    defined. 

§  4SS.     Petit    larceny. 

§  489.     Punishment    of    grand    larceny. 

§  490.     Punishment    of    petit    larceny. 

§  491.     Dogs  property. 

§  4St2.     Larceny    of    written    insti'uments. 

§  493.     Value   of    passage    tickets. 

§  494.     Written   instruments  completed   but    not   delivered. 

§  495.     Seveiing  and   removing   part   of   the   realty. 

§  4%.     Receiver    of    stolen    property. 

§  497.     Larceny,    and   receiving   stolen   or  embezzled   property   out   of  the 

state. 
§■  498.     Stealing   gas. 
§  499*   Stealing    water. 

§  499a.  Stealing    electricity    a    misdemeanor. 

§  499b.  Taking  motor  vehicle,   bicycle,    etc.,   temporarily  a  mis'demeanor. 
§  .500.     Larceny    of   goods   saved    from    fire    in    San    Francisco. 
§  .'idl.     Purchasing   or  receiving  in  pledge  junk,    etc. 

§  502.     Applies   sections  339,    342,    and    343    to   junk   dealers.     (Repealed.) 
§  5021/2.  Removal   of  mortgaged    property. 

§  484.  "Larceny"  defined.  Larceny  is  the  felonious 
stealing,  taking,  carrying,  leading,  or  driving  away  the  per- 
sonal property  of  another.     En.  February  14,  1872. 

Cal.  Eep.  Cit.  53,  59;  56,  80;  61,  135;  61,  528;  62,  141; 
80,  51;  81,  137;  86,  239;  90,  572;  95,  228;  110,  601; 
112,  339;   118,  26;    123,  524;   143,   129. 

Embezzlement:  Sees.  503  et  seq. 

Act  to  more  fully  define  larceny:  See  post.  Appendix,  title 
Larceny. 

Act  to  punish  stealing  gold  dust,  amalgam,  or  quick- 
silver:   See   post.   Appendix,   title   Larceny. 

§  485.  Larceny  of  lost  property.  One  who  finds  lost 
property,  under  circumstances  which  give  him  knowledge 
of  or  means  of  inquiry  as  to  the  true  owner,  and  who  ap- 


§§  4S6-490  LARCENY.  132 

propriates  such  property  to  his  own  use,  or  to  the  use  of 
another  person  not  entitled  thereto,  without  first  making 
reasonable  and  just  efforts  to  find  the  owner  and  restore 
the  property  to  him,  is  guilty  of  larceny.  En.  February  14, 
1872. 

Cal.   Eep.   Cit.     81,   137;   95,  230;   95,  231. 
Lost   and  unclaimed   property:   See  Pol.   Code,   sees.   3136- 
3157;  Civ.  Code,  sees.  1864-1872. 

§  486.  Grand  and  petit  larceny.  Larceny  is  divided  into 
two  degrees,  the  first  of  which  is  termed  grand  larceny; 
the  second,  petit  larceny.     En.  February  14,  1872. 

CaL  Eep.  Cit.     66,  185;  67,  351;  86,  240;  91,  27;   112,  339. 

§  487.  Grand  larceny  defined.  Grand  larceny  is  larceny 
committed  in  either  of  the  following  cases: 

1.  When  the  property  taken  is  of  a  value  exceeding  fifty 
dollars. 

2.  "When  the  property  is  taken  from  the  person  of  an- 
other. 

3.  When  the  property  taken  is  a  bicycle,  horse,  mare, 
gelding,  cow,  steer,  bull,  calf,  mule,  jack,  or  jenny.  En. 
February  14,  1872.     Am'd.  1895,  36;  1901,  290. 

CaL  Eep.  Cit.  49,  68;  56,  80;  59,  392;  61,  478;  65,  17;  66, 
185;  67,  352;  80,  51;  100,  439;  112,  339;  114,  110;  116, 
584;  120,  667;  140,  662;  144,  252.  Subd.  2—139,  636, 
Subd.  3—62,  52;   62,  142;   90,  572. 

Larceny  defined:  See  sec.  484. 

Stealing  of  gold  dust,  amalgam,  quicksilver,  etc.,  is  grand 
larceny:   See  post,  Appendix,  title  Larceny. 

§  488.  Petit  larceny.  Larceny  in  other  cases  is  petit 
larceny.     En.  February  14,  1872. 

Cal.   Eep.   Cit.     64,  404;   67,   352;    86,   240;    112,   339;    116, 

584. 
Jurisdiction  of  police  court:  See  Pol.  Code,  see.  4426. 

§  489.  Punishment  of  grand  larceny.  Grand  larceny  is 
punishable  bj'  imprisonment  in  the  state  prison  for  not 
less  than  one  nor  more  than  ten  years.  En.  February  14, 
1872. 

Cal.  Eep.  Cit.     61,  135;  64,  252;  65,  299;  05,  300;  140,  662. 

§  490.  Punishment  of  petit  larceny.  Petit  larceny  is 
punishable   by   fine    not   exceeding   five    hundred   dollars,   or 


Grand   larceny    is    larceny    committed    in    either    of 
llowing   cases: 
v^hen   the  property  taken  is  of  a  value   exceeding  fifty 

k''hen  the  property  is  taken  from  the  person  of  another, 
i^'hen  the  property  taken  is  a  horse,  mare,  gelding, 
teer,  bull,  calf,  mule,  jack  or  jenny.  (In  effect  March 
.) 


193  LARCENY.  §§  491-495 

hy  imprisonment  in  the  county  jail  not  exceeding  six  montlis, 
or  both.     En.  Tcbruary  14,  1872. 

Cal.  Eep.  Cit.     64,  341;  66,  186;  73,  444;  109,  266. 

§  491.  Dogs  property.  Dogs  are  personal  property,  ami 
their  value  ^s  to  be  ascertained  in  the  same  manner  as 
the  value  of  other  property.  En.  February  14,  1872.  Am'd. 
1887,  131. 

Cal.  Eep.  Cit.     80,  549. 

Malicious  injury  to  animal:     Post,  sec.  597. 

§  492.  Larceny  of  written  instruments.  If  the  thing 
stolen  consists  of  any  evidence  of  debt,  or  other  written 
instrument,  the  amount  of  money  due  thereupon,  or  se- 
cured to  be  paid  thereby,  and  remaining  unsatisfied,  or 
which  in  any  contingency  might  be  collected  thereon,  or 
the  value  o.f  the  property  the  title  to  which  is  shown  there- 
by, or  the  sura  which  might  be  recovered  in  the  absence 
thereof,  is  the  value  of  the  thing  stolen.  En.  February  14, 
1872. 

Cal.  Eep.  Cit.     90,  573. 

§  493.  Value  of  passage  tickets.  If  the  thing  stolen  is 
any  ticket  or  other  paper  or  writing  entitling  or  purport- 
ing to  entitle  the  holder  or  proprietor  thereof  to  a  pass- 
age upon  any  railroad  or  vessel  or  other  public  convey- 
ance, the  price  at  which  tickets  entitling  a  person  to  a 
like  passage  are  usually  sold  by  the  proprietors  of  such 
convevance  is  the  value  of  such  ticket,  paper,  or  writing. 
En.  February  14,  1872.  . 

§  494.    Written  instruments  completed  but  not  delivered. 

All  the  provisions  of  this  chapter  apply  where  the  property 
taken  is  an  instrument  for  the  payment  of  money,  evidence 
of  debt,  public  security,  or  passage  ticket,  completed  and 
ready  to  be  issued  or  delivered,  although  the  same  has 
never  been  issued  or  delivered  by  the  makers  thereof  to 
any  person  as  a  purchaser  or  owner.  En.  February  14, 
1872. 

Embezzlement  of  evidence  of  debt:   Post,  sec.  510. 

§  495.     Severing  and  removing  part  of  the  realty.     The 

provisions   of   this   chapter   apply   where   the   thing   taken   is 
Pen.  Code— 13 


§§  496,  497  LARCENY.  194 

any  fixture  or  part  of  the  realty,  and  is  severed  at  the 
time  of  the  taking,  in  the  same  manner  as  if  the  thing 
had  been  severed  by  another  person  at  some  pre\'ious  time. 
En.  February  14,  1872. 

Although  outstanding  crops  are  part  of  the  realty,  they 
are  subjects  of  larceny:  See  post.  Appendix,  title  Lar- 
ceny. 

Act  to  punish  stealing  from  mining  claim,  etc.:  See  post. 
Appendix,  title  Larceny. 

Severing  personalty  from  realty:  See  post.  Appendix,  title 
Larceny. 

§  496.  Receiver  of  stolen  property.  Every  person  who, 
for  his  own  gain,  or  to  prevent  the  owner  from  again  pos- 
sessing his  property,  buys  or  receives  any  personal  property, 
knowing  the  same  to  have  been" stolen,  is  punishable  by  im- 
prisonment in  the  state  prison  not  exceeding  five  years,  or 
in  the  county  jail  not  exceeding  six  months;  and  it  shall  be 
presumptive  evidence  that  such  property  was  stolen,  if  the 
same  consists  of  jewelry,  silver,  or  plated  ware,  or  articles 
of  personal  ornament,  if  purchased  or  received  from  a  'per- 
son under  the  age  of  eighteen  years,  unless  such  property 
is  sold  by  such  minor  at  a  fixed  place  of  business  carried  on 
by  such  minor  or  his  employer.  En.  February  14,  1872. 
Am'd.  1873-4,  464;  1905,  718. 

The  change  consists  in  the  omission  of  the  words  "or  both"  after 
"months."  Obviously  it  was  not  the  intention  of  the  legislature  that 
the  same  offense  should  be  punishable  by  imprisonment  in  both  the 
state   prison   and   the   county  jail. — Code   Commissioner's    Note. 

Cal.  Eep.  Cit.     89,  495;  89,  499;  90,  573;  94,  574;  135,  62; 
135,  63. 

§  497.  Larceny,  and  receiving  stolen  or  embezzled  prop- 
erty out  of  the  state.  Every  person  who,  in  another  state 
or  country,  steals  or  embezzles  the  property  of  another,  or 
receives  such  property  knowing  it  to  have  been  stolen  or 
embezzled,  and  brings  the  same  into  this  state,  may  be 
convicted  and  punished  in  the  same  manner  as  if  such 
larceny,  or  embezzlement,  or  re"ceiving,  had  been  committed 
in  this  state.     En.  February  14,  1872.     Am'd.  1905,  718. 

The  object  of  the  amendment  is  to  enlarge  the  scope  of  the  section  to 
include  cases  of  embezzlement,  and  to  accomplish  this  purpose  the 
words  "or  embezzle"  have  been  inserted  after  "steals,"  the  word 
"embezzled"  has  been  inserted  after  "stolen,"  and  the  words  "or 
embezzlement"  have  been  inserted  after  "larceny." — Code  Commis- 
sioner's  Note. 


496.  Every  person  who  for  his  own  gain,  or  to  prevent 
e  owner  from  again  possessing  his  property,  buys  or 
ceives  any  personal  property,  knowing  the  same  to  have 
;en  stolen;  or  any  person  who  having  bought  or  received 
olen  personal  property,  who  after  having  been  informed 
at  said  property  then  in  his  possession  is  stolen  property, 
id  after  a  demand,  in  writing,  for  the  delivery  of  same 
LS  been  made  upon  him  by  the  owner  of  said  stolen  prop- 
ty,  or  a  peace  officer,  within  three  months  after  he  bought 

received  the  same,  secretes  said  property,  or  gives,  sells, 
nveys  or  transfers  said  stolen  property  to  another  person 
t  entitled  thereto,  with  intent  to  prevent  the  owner  from 
ain  possessing  his  property,  is  punishable  by  imprison- 
snt  in  the  state  prison  not  exceeding  five  years,  or  in  the 
unty  jail  not  exceeding  six  months,  and  it  shall  be  pre- 
mptive  evidence  that  such  property  was  stolen,  if  the 
me  was  purchased  or  received  from  a  person  under  the  age 

eighteen  years,  unless  such  property  was  sold  by  such 
inor  at  a  fixed  place  of  business  carried  on  by  such  minor 

his  employer.  (In  effect  60  days  from  and  after  March 
,    1907.) 


■195  LARCENY.  §§  498-499b 

§  498.  Stealing  gas.  Every  person  who,  with  intent  to 
injure  or  defraud,  makes  or  causes  to  be  made  any  pipe, 
tube,  or  other  instrument,  and  connects  the  same,  or  causes 
it  to  be  connected,  with  any  main,  service-pipe,  or  other 
pipe  for  conducting  or  supplying  illuminating  gas,  in  such 
manner  as  to  supply  illuminating  gas  to  any  burner  or  ori- 
fice, by  or  at  which  illuminating  gas  is  consumed,  around 
or  without  passing  through  the  meter  provided  for  the 
measuring  and  registering  the  quantity  consumed,  or  in 
any  other  manner  so  as  to  evade  payment  therefor,  and 
every  person  who,  with  like  intent,  injures  or  alters  any 
gas  meter  or  obstructs  its  action,  is  guilty  of  a  misde- 
meanor.    En.  February  14,  1872. 

§  499.  Stealing  water.  Every  person  who,  with  intent 
to  injure  or  defraiid,  connects  or  causes  to  be  connected, 
any  jjipe,  tube,  or  other  instrument,  with  any  main,  ser- 
vice-pipe, or  other  pipe,  or  conduit  or  flume  for  conducting 
water,  for  the  purpose  of  taking  water  from  such  main, 
service-pipe,  conduit  or  flume,  without  the  knowledge  of 
the  owner  thereof,  and  with  intent  to  evade  payment  there- 
for, is  guilty  of  a  misdemeanor.     En.  February   14,   1872. 

Cal.  Eep.  Cit.     66,  215. 

§  499a.  Stealing  electricity  a  misdemeanor.  Every  per- 
son who,  with  intent  to  injure  or  defraud,  shall  unlawfully 
connect,  or  procure  another  to  connect,  with  any  electric 
apparatus  or  any  electric  wire,  operated  by  any  person, 
jicrsons,  or  corporation  authorized  to  generate,  transmit, 
and  sell  electric  current,  without  the  knowledge  and  con- 
sent of  such  person,  persons,  or  corporation  operating  such 
apparatus  or  wires,  for  the  purpose  of  appropriating  elec- 
tric current  for  light,  power,  heat,  or  other  use,  and  to 
evade  payment  therefor,  or  who  shall,  with  like  intent, 
injure  or  alter,  or  who  shall  procure  to  be  injured  or 
altered,  any  electric  meter  or  obstruct  its  working,  or 
who  shall  procure  the  same  to  be  maliciously  tampered 
with  and  injured,  shall  be  deemed  guilty  of  a  misdemeanor. 
En.  Stats.  1901,  20. 

§  499b.  Taking  motor  vehicle,  bicycle,  etc.,  temporarily, 
a  misdemeanor.  Any  person  who  shall,  without  the  permis- 
sion of  the  owner  thereof,  take  any  automobile,  bicycle, 
motorcycle,  or  other  vehicle,  for  the  purpose  of  temporarily 


§§  500-502%  LARCEXY.  196 

using  or  operating  the  same,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof,  shall  be  punished 
by  a  fine  not  exceeding  two  hundred  dollars,  or  by  imprison- 
ment not  exceeding  three  months,  or  by  both  such  fine  and 
imprisonment.     En.  Stats.  1905,  185. 

§  500.  Larceny  of  goods  saved  from  fire  in  San  Fran- 
cisco, Eveiy  person  who,  in  the  city  and  county  of  San 
Francisco,  saves  from  fire  or  from  a  building  endangered 
by  fire,  any  property,  and  for  two  days  thereafter  corruptly 
neglects  to  notify  the  owner  or  fire  marshal  thereof,  is 
punishable  by  imprisonment  in  the  state  prison  for  not  less 
than  one  nor  more  than  ten  years.     En.  February  14,  1872. 

Property   rescued   from   fire:     See   Pol.   Code,   sec.   3343. 

§  501.  Purchasing  or  receiving  in  pledge  junk,  etc. 
Every  person  who  purchases  or  receives  in  pledge  or  by 
way  of  mortgage  from  any  person  under  the  age  of  six- 
teen years  any  junk,  metal,  mechanical  tools,  or  imple- 
ments, is  guilty  of  a  misdemeanor.     En.   Stats.   1871-2,  684. 

§  502.     Applies   sees.   339,   342,   and   343  to   junk   dealers. 

(Kepealed.)     En.    Stats.    1871-2,    684.     Rep.    1901,    75. 
Cal.  Eep.  Cit.     55,  306. 

§  5021/2.  Removal  of  mortgaged  property.  Every  person 
who,  after  mortgaging  any  real  projterty,  and  during  the 
existence  of  such  mortgage,  or  after  such  mortgaged  prop- 
erty shall  have  been  sold  under  an  order  and  decree  of 
foreclosure,  and  with  intent  to  defraud  or  injure  the  mort- 
gagee, his  representatives,  successors,  or  assigns,  or  the 
purchaser  of  such  mortgaged  premises  at  such  foreclosure 
sale,  his  representatives  or  assigns,  takes,  removes,  or 
carries  away  from  such  mortgaged  premises,  or  other- 
wise disposes  of,  or  permits  the  taking,  removing,  or  carry- 
ing away,  or  otherwise  disposing  of,  any  house,  barn,  wind- 
mill, or  water-tank,  upon  or  affixed  to  such  premises  as 
an  improvement  thereon,  without  the  written  consent  of 
the  mortgagee,  his  representatives,  successors,  or  assigns, 
of  the  purchaser  at  such  foreclosure  sale,  his  representa- 
tives or  assigns,  is  guilty  of  larceny,  and  shall  be  punished 
accordingly.     En.  Stats.  1895,  78. 

See  post,  sec.  538,  in  the  case  of  chattel  mortgage. 


19;  EMBEZZLEMENT.  §§  503-505 

CHAPTER   VI. 

EMBEZZLEMENT. 

§  503.  "Embezzlement''    defined. 

§  504.  When  officer,    etc.,   guilty  of  embezzlement. 

§  505.  Carrier,    when   guilty  of  embezzlement. 

§  506.  When    trustee,    banker,    etc.,    guilty    of    embezzlement. 

§  507.  V/hen    bailee,    tenant,    or    lodger    guilty    of   embezzlement. 

§  508.  When   clerk,    agent,    or    servant   guilty    of   embezzlement. 

§  509.  Distinct   act    of    taking. 

§  510.  Evidence   of   debt   undelivered  a   subject   of   embezzlement. 

§  511.  Claim   of  title    a   ground   of   defense. 

§  512.  Intent    to    restore    property. 

§  513.  Actual  -restoration    a   ground    for    mitigation   of   punishment. 

§  514.  Punishment. 

§  503.  "Embezzlement"  defined.  Embezzlement  is  the 
fraudulent  appropriation  of  property  by  a  person  to  whom 
it  has  been  intrusted.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     61,  135;  69,  237;  77,  563;  82,  586;  91,  269; 
91,  272;   100,  468;   108,   545;   120,  694;   124,  453;   133, 
280;   133,  329;   136,  443;   142,  218;   143,  594. 
See  ante,  sec.  425. 

§  504.  When  officer,  etc.,  guilty  of  embezzlement.  Every 
officer  of  this  state,  or  of  any  county,  city,  city  and  county, 
or  other  municipal  corporation  or  subdivision  thereof,  and 
every  deputy,  clerk,  or  servant  of  any  such  officer,  and 
every  officer,  director,  trustee,  clerk,  servant,  or  agent  of 
any  association,  society  or  corporation,  (public  or  pri- 
vate) who  fraudulently  appropriates  to  any  use  or  pur- 
pose not  in  the  due  and  lawful  execution  of  his  trust,  any 
property  which  he  has  in  his  possession  or  under  his  con- 
trol by  virtue  of  his  trust,  or  secretes  it  with  a  fraud- 
ulent intent  to  appropriate  it  to  such  use  or  purpose,  is 
guilty  of  embezzlement.  En.  February  14,  1872.  Ain'd. 
1880,  8. 

Cal.  Eep.  Cit.  66,  274;  69,  237;  82,  586;  106,  312;  108, 
541;  108,  542;  124,  453;  124,  454;  124,  455;  134,  303; 
136,  451;   143,  67;  143,  68. 

Public   moneys:   See  ante,   sec.  424;   and   post,   sec.  514. 

§  505.  Carrier,  when  guilty  of  embezzlement.  Every 
carrier  or  other  person  having  under  his  control  personal 
property  for  the  purpose  of  transportation  for  hire,  who 
fraudulently  appropriates  it  to  any  use  or  purpose,  incon- 
sistent with  the  safe-keeping  of  such  property  and  its  trans- 


§§  506-510  EMBEZZLEMENT.  1»8 

portation  according  to  his  trust,  is  guilty  of  embezzlement, 
whether  he  has  broken  the  package  in  which  such  prop- 
erty is  contained,  or  has  otherwise  separated  the  items 
thereof,  or  not.     En.  February  14,   1872. 

§  506.  When  trustee,  banker,  etc.,  guilty  of  embezzle- 
ment. Every  trustee,  banker,  merchant,  broker,  attorney, 
agent,  assignee  in  trust,  executor,  administrator,  or  collec- 
tor, or  person  otherwise  intrusted  with  or  having  in  his 
control  property  for  the  use  of  any  other  person,  who 
fraudulently  appropriates  it  to  any  use  or  purpose  not  in 
the  due  and  lawful  execution  of  his  trust,  or  secretes 
it  with  a  fraudulent  intent  to  appropriate  it  to  such  use 
or  purpose,  is  guilty  of  embezzlement.  En.  February  14, 
1872. 

Cal.  Eep.  Cit.     69,  237;   116,  390;   136,  443. 

§  507.  When  bailee,  tenant,  or  lodger  guilty  of  embezzle- 
ment. Every  person  intrusted  with  any  property  as  'bailee, 
tenant,  or  lodger,  or  with  any  power  of  attorney  for  the 
sale  or  transfer  thereof,  who  fraudulently  converts  the  same 
or  the  proceeds  thereof  to  his  own  use,  or  secretes  it  or 
them  with  a  fraudulent  intent  to  convert  to  his  own  use,  is 
guilty  of  embezzlement.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     51,  379;  71,  389;  77,  563;  133,  329;  138,  465. 

§  508.  When  clerk,  agent,  or  servant  guilty  of  embezzle- 
ment. Every  clerk,  agent,  or  servant  of  any  person  who 
fraudulently  appropriates  to  his  own  use,  or  secretes  with 
a  fraudulent  intent  to  appropriate  to  his  own  use,  any 
property  of  another  which  has  eome  into  his  control  or 
care  by  virtue  of  his  employment  as  such  clerk,  agent,  or 
servant,  is  guilty  of  embezzlement.  En.  February  14, 
1872. 

Cal.  Eep.  Cit.  66,  345;  69,  237;  71,  391;  77,  182;  77,  563; 
100,  486;   143,  594. 

Embezzlement:   See   sees.   507,  508. 

§  509.  Distinct  act  of  taking.  A  distinct  act  of  taking 
is  not  necessary  to  constitute  embezzlement.  En.  February 
14,  1872. 

Embezzlement  and  larceny  distinguished:  See  ante,  sees. 
484,  503. 

§  510.  Evidence  of  debt  undelivered  a  subject  of  embez- 
zlement.    Any    evidence    of     debt,    negotiable     by    delivery 


506.  Every  trustee,  banker,  merchant,  broker,  attorney, 
?ent,  assignee  in  trust,  executor,  administrator,  or  collec- 
)r,  or  person  otlierwise  intrusted  with  or  having  in  his 
jntrol  property  for  the  use  of  any  other  person,  who 
■audulently  appropriates  it  to  any  use  or  purpose  not  In 
le  due  and  lawful  execution  of  his  trust,  or  secretes  it  with 
fraudulent  intent  to  appropriate  it  to  such  use  or  purpose, 
id  any  contractor  who  appropriates  money  paid  to  him 
)r  any  use  or  purpose,  other  than  for  that  which  he  re- 
vived it,  is  guilty  of  embezzlement.  (In  effect  60  days 
■om   and  after  March   22,   1907.) 


199  EMBEZZLEMENT.  §§  511-514 

only,  and  actually  executed,  ia  the  subject  of  embezzlement, 
whether  it  has  been  delivered  or  issued  as  a  valid  instrument 
or  not.     En.  February  14,  1872. 
See  also,  ante,  sec.  494, 

§  511.  Claim  of  title  a  ground  of  defense.  Upon  any 
indictment  for  embezzlement,  it  is  a  sufficient  defense  that 
the  property  was  appropriated  openly  and  avowedly,  and 
under  a  claim  of  title  preferred  in  good  faith,  even  though 
such  claim  is  untenable.  But  this  provision  does  not  ex- 
cuse the  unlawful  retention  of  the  property  of  another  to 
offset  or  pay  demands  held  against  him.  En.  February  14, 
1872. 

Cal,  Eep.  Cit.     77,  562;   120,  26. 

§  512.  Intent  to  restore  property.  The  fact  that  the  ac- 
cused intended  to  restore  the  property  embezzled,  is  no 
ground  of  defense  or  mitigation  of  punishment,  if  it  has 
not  been  restored  before  an  information  has  been  laid  be- 
fore a  magistrate,  or  an  indictment  found  by  a  grand  jury, 
charging  the  commission  of  the  offense.  En.  February  14, 
1872.     Am'd.   1905,  682. 

The  change  consists  In  the  insertion  of  the  words  "or  an  indictment 
found  by  a  grand  jury,"  after  "magistrate." — Code  Commissioner's 
Note. 

Cal.  Rep.  Cit.     135,  308;  138,  464. 

§  513.  Actual  restoration  a  ground  for  mitigation  of  pun- 
ishment. Whenever,  prior  to  an  information  laid  before  a 
magistrate,  or  an  indictment  found  by  a  grand  jury,  charg- 
ing the  commission  of  embezzlement,  the  person  accused 
voluntarily  and  actually  restores  or  tenders  restoration  of 
the  property  alleged  to  have  been  embezzled,  or  any  part 
thereof,  such  fact  is  not  a  ground  of  defense,  but  it  author- 
izes the  court  to  mitigate  punishment,  in  its  discretion.  En. 
February   14,  1872.     Am'd.   1905,  682. 

The  change  consists  in  the  insertion  of  the  words  "or  an  indictment 
found    by    a    grand    jury,"    after    "magistrate." — Code    Commissioner's 

Note. 

Cal.  Eep.  Cit.     80,  56. 

Compromise  by  permission  of  court  discharges  prisoner, 
when:  Post,  sec.  1378. 

§  514.  Punishment.  Every  person  guilty  of  embezzle- 
ment is  punishable  in  the  manner  prescribed  for  feloniously 


§§  518,  519  EXTORTION.  200 

stealing  property  of  the  value  of  that  embezzled;  and  where 
the  property  embezzled  is  an  evidence  of  debt  or  right  of 
action,  the  sum  due  upon  it  or  secured  to  be  paid  by  it  must 
be  taken  as  its  value;  if  the  embezzlement  or  defalcation 
is  of  the  public  funds  of  the  United  States,  or  of  this  state, 
or  of  any  county  or  municipality  within  this  state,  the  of- 
fense is  a  felony,  and  is  punishable  by  imprisonment  in  the 
state  prison  not  less  than  one  nor  more  than  ten  years;  and 
the  person  so  convicted  is  ineligible  thereafter  to  any  office 
of  honor,  trust,  or  profit  in  this  state.  En.  February  14, 
1872,     Am'd.   1880,  8;   1905,  682. 

The  amendment  substitutes  "in"  for  "under''  before  the  word  "this." 
tlius  malting  a  person  convicted  of  embezzlement  Ineligible  to  any 
office  in  this  state,  whether  it  be  a  state  oflfice  or  not. — Code  Com- 
missioner's  Note. 

Cal.  Eep.  Cit.     61,  135;  91,  273;  9-4,  575;  116,  386. 

Embezzlement  of  public  funds. — "No  person  convicted 
of  the  embezzlement  or  defalcation  of  the  public  funds  of 
the  United  States,  or  of  any  state,  or  of  any  county  or 
municipality  therein,  shall  ever  be  eligible  to  any  office  of 
honor,  trust,  or  profit  under  this  state,  and  the  legisla- 
ture shall  provide  by  law  for  the  punishment  of  embez- 
zlement or  defalcation  as  a  felony":  Const.  Cal.  art.  IV, 
see.  21. 

CHAPTEE  VII. 

EXTORTION. 

§  518.  "Extortion"    defined. 

§  519.  What    threats    may    constitute    extortion. 

§  5:^0.  Punishment    of    extortion    In    certain    cases. 

§  521.  Extortion   committed  under  color  of   official  right. 

§  522.  Obtaining  signature  by  means  of  threats. 

§  523.  Sending    threatening    letters    with    intent    to    extort. 

§  524.  Attempts    to   extort    by   means    of   verbal    threats. 

§  525.  Officers    of    railroad   companies   making    overcharges. 

§  526.  Sale   of   tickets   to   theater,    etc. 

§  518.  "Extortion"  defined.  Extortion  is  the  obtaining 
of  property  from  another,  with  his  consent,  induced  by  a 
wrongful  use  of  force,  or  fear,  or  under  color  of  official 
right.     En.  February  14,  1872. 

Cal.  Eep.  Cit.  81,  277;  93,  456;  123,  522;  123,  523;  126,  367; 
127,  214. 

§  519.  What  threats  may  constitute  extortion.  Fear,  such 
as  will  constitute  extortion,  may  be  induced  by  a  threat, 
either: 


201  EXTORTION.  §§   520-523 

.1.  To  do  an  unlawful  injury  to  the  person  or  property 
of  the  individual  threatened,  or  to  any  relative  of  his, 
or  member  of  his  family;  or, 

2.  To  accuse  him,  or  any  relative  of  his,  or  members  of  his 
family  of  any  crime;  or, 

3.  To  expose,  or  impute  to  him  or  them  any  deformity 
or  disgrace;  or, 

4.  To  expose  any  secret  affecting  him  or  them.  En.  Feb- 
ruary 14,  1872. 

Cal.  Eep.  Git.     57,  563;.  63,  491;  81,  277;  81,  278;  81,  279; 
95,  641;   95,  642;    123,  523.     Subd.   2—126,  367. 

Subd.  1.     Injury  to  property:     See  sec.  523. 

§  520.  Punishment  of  extortion  in  certain  cases.  Every 
person  who  extorts  any  money  or  other  property  from  an- 
other, under  circumstances  not  amounting  to  robbery,  by 
means  of  force,  or  any  threat,  such  as  is  mentioned  in 
the  preceding  section,  is  punishable  by  imprisonment  in  the 
state  prison  not  exceeding  five  years.  En.  February  14, 
1872. 

Cal.   Eep.    Git.     81,   279. 
Eobbery:     Ante,  sec.  211. 

§  521.  Extortion  committed  under  color  of  official  right. 
Every  person  who  commits  any  extortion  under  color  of 
oificial  right,  in  cases  for  which  a  different  punishment  is 
not  prescribed  in  this  code,  is  guilty  of  a  misdemeanor. 
En.  February  14,  1872. 

See  ante,  sec.  518. 

§  522.  Obtaining  signature  by  means  of  threats.  Every 
person  who,  by  any  extortionate  means,  obtaiits  from 
another  his  signature  to  any  paper  or  instrument,  whereby, 
if  such  signature  were  freely  given,  any  property  would  be 
transferred,  or  any  debt,  demand,  charge,  or  right  of  ac- 
tion created,  is  punishable  in  the  same  manner  as  if  the 
actual  delivery  of  such  debt,  demand,  charge,  or  right  of 
action    were  obtained.     En.  February  14,   1872. 

§  523.    Sending  threatening  letters  with  Intent  to  extort. 

Every    person    who,    with    intent    to    extort    any    money    or 


§§  524-526  EXTORTION.  202 

other  property  from  another,  sends  or  delivers  to  any  per- 
son any  letter  or  other  writing,  whether  subscribed  or  not, 
expressing  or  implying,  or  adapted  to  imply,  any  threat 
such  as  is  specified  in  section  five  hundred  and  nineteen,  ia 
punishable  in  the  same  manner  as  if  such  money  or  prop- 
erty were  actually  obtained  by  means  of  such  threat.  En. 
February  14,  1872. 

Cal.  Eep.  Cit.     81,  278;  95,  641. 

Offense,  when  complete:     See  post,  sec.  660. 

§  524.    Attempts  to  extort  by  means  of  verbal  threats. 

Every  person  who  unsuccessfully  attempts,  by  means  of  any 
verbal  threat,  such  as  is  specified  in  section  five  hundred 
and  nineteen,  to  extort  money  or  other  property  from  an- 
other, is  guilty  of  a  misdemeanor.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     63,  491;   123,  523. 

§  525.     Officers  of  railroad  companies  making  overcharges. 

Every  officer,  agent,  or  employee  of  a  railroad  company, 
who  asks  or  receives  a  greater  sum  than  is  allowed  by  law 
for  the  carriage  of  passengers  or  freight,  is  guilty  of  a 
misdemeanor.     En.  February  14,  1872. 

Cal.  Rep.  Cit.     145,  637. 

Eate  of  charges:     See  Civ.  Code,  sec.  489. 

§  526.  Sale  of  tickets  to  theater,  etc.  Every  person  who 
sells  or  offers  for  sale  any  ticket  or  tickets  to  any  theater 
or  other  public  place  of  amusement  at  a  price  in  excess  of 
that  charged  originally  by  the  management  of  such  theater 
or  public  place  of  amusement  is  guilty  of  a  misdemeanor. 
En.  Stats.  1905,  140. 


5S6- 


Repealed. 


203  FALSE    PERSONATION   AND    CHEATS.  §§  528,  529 

CHAPTEE  VIII. 

FALSE   PERSONATION   AND   CHEATS. 

§  52S.     Marrying    under    false    personation. 

§  529.     Personating    anotlier   in   private   or   official   capacity. 

§  530.     Receiving  money   or  property  in  a  false   character. 

§  531.     Fraudulent    conveyances. 

§  532.     Obtaining   money,   property  Or  labor  by  false  pretenses. 

§  533.     Selling  land   twice. 

§  534.     Married   person   selling  lands  under  false  representations. 

§  535.     Mock  auction. 

§  526.     Consignee,    false   statement  by. 

§  537.     Defrauding    inn    or    boarding-house.  . 

§  537.     Removal    of    mortgaged    chattels.     (Repealed.) 

§  537%.  Fi-audulent    registration    of   cattle. 

§  537%.  Defrauding   owner   of  livery   stable  a   misdemeanor. 

§  537a.  Fraudulent    registration    of   cattle. 

§  537b.  Defrauding    owners  -  of    livery    stables. 

§  538.     Removing   mortgaged   personal   property;    further   incumbrance   or 

sale. 
§  53Sa.  Misrepresentation  of  newspaper  circulation. 
§  53Sb.  Wearing   badge   of   secret   society   unless   entitled    to. 

§  528.  Marrying  vu-der  false  personation.  Every  person 
who  falsely  personates  anotlier,  and  in  such  assumed  char- 
acter marries  or  pretends  to  marry,  or  to  sustain  the  mar- 
riage relation  towards  another,  with  or  without  the  con- 
nivance of  such  other,  is  guilty  of  a  felony.  En.  February 
14,  1872. 

Consent  obtained  by  fraud:     See  Civ.  Code,  sec.  58. 

§  529.    Personating  another  in  private  or  ofacial  capacity. 

Every  person  who  falsely  personates  another  in  either  his 
private  or  official  capacity,  and  in  such  assumed  character, 
either: 

1.  Becomes  bail  or  surety  for  any  party  in  any  proceed- 
ing whatever,  before  any  court  or  officer  authorized  to  take 
such  bail  or  surety; 

2.  Verifies,  publishes,  acknowledges,  or  proves,  in  the 
name  of  another  person,  any  written  instrument,  with  in- 
tent that  the  same  may  be  recorded,  delivered,  or  used  as 
true;  or, 

3.  Does  any  other  act  whereby,  if  done  by  the  person 
falsely  personated,  he  might,  in  any  event,  become  liable  to 
any  suit  or  prosecution,  or  to  pay  any  sum  of  money,  or  to 
incur   any   charge,   forfeiture,    or   penalty,    or   whereby   any 


§§  530,  531  FALSE    PERSONATION  AND    CHEATS.  204 

benefit  might  accrue  to  the  party  personating,  or  to  any 
other  person; 

Is  punishable  by  imprisonment  in  the  county  jail  not  ex- 
ceeding two  years,  or  by  fine  not  exceeding  five  thousand 
dollars.     En.  February  14,  1872.     Am'd.  1905,  684. 

The  change  consists  in  the  insertion  of  the  words  "in  either  his  pri- 
vate or  official  capacity,"  after  "another,"  the  amendment  being 
designed  with  the  purpose  of  changing  the  construction  put  upon 
this  section  in  People  v.  Knox,  119  Cal.  73,  where  it  was  hel-d  that 
the  section  did  not  apply  to  a  case  where  a  person  falsely  assumes  an 
official    character. — Code   Commissioner's    Note. 

Cal.  Eep.   Cit.     77,  439.     Subd.   1—119,  73.     Subd.   2—77, 
437.       . 

§  530.    Receiving  money  or  property  in  a  false  character. 

Every  person  who  falsely  personates  another,  in  either  his 
private  or  official  capacity,  and  in  such  assumed  character 
receives  any  money  or  property,  knowing  that  it  is  intended 
to  be  delivered  to  the  individual  so  personated,  with  intent 
to  convert  the  same  to  his  own  use,  or  to  that  of  another 
person,  or  to  deprive  the  true  owner  thereof,  is  punishable 
in  the  same  manner  and  to  the  same  extent  as  for  larceny 
of  the  monev  or  property  so  received.  En.  February  14, 
1872.     Am'd.^  1905,  684. 

With  the  same  object  in  view  as  in  the  amen'dment  to  the  preceding 
section,  the  words  "In  either  his  private  or  official  capacity"  hav, 
been    inserted    after    "another." — Code    Commissioner's    Note. 

Cal.  Eep.  Cit.     127,  282. 

§  531.  Fraudulent  conveyances.  Every  person  who  is  a 
party  to  any  fraudulent  conveyance  of  any  lands,  tene- 
ments, or  hereditaments,  goods  or  chattels,  or  any  right  or 
interest  issuing  out  of  the  same,  or  to  any  bond,  suit, 
judgment,  or  execution,  contract  or  conveyance,  had,  made, 
or  contrived  with  intent  to  deceive  and  defraud  others,  or 
to  defeat,  hinder,  or  delay  creditors  or  others  of  their  just 
debts,  damages,  or  demands;  or  who,  being  a  party  as 
aforesaid,  at  any  time  wittingly  and  willingly  puts  in,  uses, 
avows,  maintains,  justifies,  or  defends  the  same,  or  any  of 
them,  as  true,  and  done,  had,  or  made  in  good  faith,  or  upon 
good  consideration,  or  aliens,  assigns,  or  sells  any  of  the 
lands,  tenements,  hereditaments,  goods,  chattels,  or  other 
things  before  mentioned,  to  him  or  them  conveyed  as 
aforesaid,  or  any  part  thereof,  is  guilty  of  a  misdemeanor. 
En.  February  14,  1872. 


^a  FALSE    PERSONATION    AND    CHEATS.  §§  532-534 

Fraud. — Actual  fraud  is  defined  by  section  1572,  and 
constructive  fraud  by  section  1573,  Civ.  Code. 

Fraudulent  conveyances:  Civ.  Code,  sees.  3439-3442. 

§  532.  Obtaining  money,  property,  or  labor  by  false  pre- 
tenses. Every  person  who  knowingly  and  designedly,  by 
any  false  or  fraudulent  representation  or  pretense,  defrauds 
any  other  person  of  money,  labor,  or  property,  whether  real 
or  personal,  or  who  causes  or  procures  others  to  report 
falsely  of  Ifis  wealth  or  mercantile  character,  and  by  thus 
imposing  upon  any  person  obtains  credit,  and  thereby  fraud- 
ulently gets  possession  of  money  or  property,  or  obtains  the 
labor  or  service  of  another,  is  punishable  in  the  same  man- 
ner and  to  the  same  extent  as  for  larceny  of  the  money  or 
property  so  obtained.  En,  February  14,  1872.  Am  'd.  1889, ' 
14;  1905,  685. 

The  amendment  Is  intended  to  make  it  criminal  to  procure  the  labor 
or  services  of  another,  or  to  defraud  him  of  real  property,  by  repre- 
sentations known  to  be  false.  "With  respect  to  real  property,  this 
changes  the  rule  announced  in  People  v.  Cummings,  114  Cal.  437. 
The  change  consists  in  the  addition  of  the  words  "whether  real  or 
personal,"    after    "property."— Code    Commissioner's    Note. 

Cal.  Rep.  Cit.  66,  11;  70,  117;  70,  118;  70,  529;  70,  531; 
70,  532;  77,  174;  82,  273;  82,  275;  84,  38;  84,  472;  84, 
474;  100,  354;  102,  562;  114,  438;  119,  597;  123,  267; 
127,  282;  133,  329;  135,  269;  135,  270;  138,  528;  140, 
662;   145,  737. 

§  533.  Selling  land  twice.  Every  person  who,  after  once 
selling,  bartering,  or  disposing  of  any  tract  of  land  or 
town  lot  or  after  executing  any  bond  or  agreement  for 
the  sale  jf  any  land  or  town  lot,  again  willfully  and  with 
intent  to  defraud  previous  or  subsequent  purchasers,  sells, 
barters,  or  disposes  of  the  same  tract  of  land  or  town  lot, 
or  any  part  thereof,  or  willfully  and  with  intent  to  de- 
fraud previous  or  subsequent  purchasers,  executes  any  bond 
or  agreement  to  sell,  barter,  or  dispose  of  the  same  land 
or  lot,  or  any  part  thereof,  to  any  other  person  for  a  valu- 
able consideration,  is  punishable  by  imprisonment  in  the 
state  prison  not  less  than  one  nor  more  than  ten  years. 
En.  February  14,  1872. 

Cal.  Rep.  Cit.     85,  87. 

§  534.  Married  persons  selling  lands  under  false  repre- 
sentations. Every  married  person  who  falsely  and  fraud- 
ulently represents  himself  or  herself  as   competent   to   sell 


§§  535-537  FALSE    PERSONATION   AND    CHEATS.  206 

or  mortgage  any  real  estate,  to  the  validity  of  whicli  sale 
or  mortgage  the  assent  or  concurrence  of  his  wife  or  her 
husband  is  necessary,  and  under  such  representations  will- 
fully conveys  or  mortgages  the  same,  is  guilty  of  felony. 
En.  February  14,   1872. 

§  535.  Mock  auction.  Every  person  who  obtains  any 
money  or  property  from  another,  or  obtains  the  signature 
of  another  to  any  written  instrument,  the  false  making  of 
which  would  be  forgery,  by  means  of  any  falst  or  fraudu- 
lent sale  of  property  or  pretended  property,  by  auction,  or 
by  any  of  the  practices  known  as  mock  auctions,  is  pun- 
ishable by  imprisonment  in  the  state  prison  not  exceed- 
ing three  years,  or  in  the  county  jail  not  exceeding  one 
year,  or  by  fine  not  exceeding  one  thousand  dollars,  or  by 
both  such  fine  and  imprisonment;  and,  in  addition  thereto, 
forfeits  any  license  he  may  hold  as  auctioneer,  and  is  for- 
ever disqualified  from  receiving  a  license  to  act  as  auction- 
eer within  this  state.     En.  February  14,   1872. 

Auctioneers:  See  Pol.  Code,  sees.  3284  et  seq. 

§  536.  Consignee,  false  statement  by.  Every  commis- 
sion merchant,  broker,  agent,  factor,  or  consignee,  who 
shall  willfully  and  corruptly  make,  or  cause  to  be  made, 
to  the  principal  or  consignor  of  such  commission  merchant, 
agent,  broker,  factor,  or  consignee,  a  false  statement  con- 
cerning the  price  obtained  for,  or  the  quality  or  quantity  of 
any  property  consigned  or  intrusted  to  such  commission 
merchant,  agent,  broker,  factor,  or  consignee,  for  sale,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof,  shall  be  punished  by  fine  not  exceeding  five  hun- 
dred dollars,  or  imprisoned  in  the  county  jail  not  exceed- 
ing six  months,  or  by  both  such  fine  and  imprisonment.  En. 
Stats.   1880,  37. 

§  537.  Defrauding  inn  or  boarding-house.  Any  person 
who  obtains  any  food  or  accommodation  at  an  hotel,  inn, 
restaurant,  boarding-house  or  lodging-house  without  pay- 
ing therefor,  with  intent  to  defraud  the  proprietor  or  man- 
ager thereof,  or  who  obtains  credit  at  an  hotel,  inn,  res- 
taurant, boarding-house,  or  lodging-house  by  the  use  of  any 
false  pretense,  or  who,  after  obtaining  credit  or  accom- 
modation at  an  hotel,  inn,  restaurant,  boarding-house,  or 
lodging-house  absconds  or  surreptitiously  removes  his  bag- 
gage   therefrom   without   paying  for   his  food   or   accommo- 


207  FALSE   PERSONATION   AND    CHEATS.  §§  537-537  D 

dations   is   guilty   of   a   misdemeanor.     En.    Stats.    1889,   44. 
Am'd.  1903,  22. 

Cal.  Eep.  Cit.     119,  488;  121,  329. 

§  537.  Eemoval  of  mortgaged  chattels.  En.  Stats.  1887, 
87,  Am'd.   1893,   119,     Eep.   1905,   685. 

There    were    formerly   two   sections   of  this   number.     The    one   repealed 

was  the  one  enacted  in  1887.    The  other  which   was  enacted   in  1SS9  and 

amended  in   1903  is  still  in  force.     See  Penal   Code,   1903,    p.   202. 

Code    Commissioner    Davis    in    his    report    on    this    section,    says:    There 

are    two    sections    numbered    537.     The    one    regarding    the    reinoval    of 

mortgaged    chattels    is    repealed,    the    matter    contained    in    it    being 

sufficiently    provided    for   in   section    538. — Code    Commissioner's    Note. 

§  5371/2-  Fraudulent  registration  of  cattle.  En.  Stats. 
1889,  35.  Amended  and  renumbered  as  537a,  1905,  685.  See 
post,  §  537a. 

§  537%.  Defrauding  owner  of  livery  stable  a  misde- 
meanor. En.  Stats.  1903,  153.  Amended  and  renumbered 
as  537b,  1905,  685.     See  post,  §  537b. 

§  537a.  Fraudulent  registration  of  cattle.  Every  person 
who  by  any  false  or  fraudulent  pretense  obtains  from  any 
club,  association,  society,  or  company,  organized  for  the 
purpose  of  improving  the  breed  of  cattle,  horses,  sheep, 
swine,  or  other  domestic  animals,  a  certificate  of  registra- 
tion of  any  animal  in  the  herd  register,  or  any  other  regis- 
ter of  any  such  club,  association,  society,  or  company,  or  a 
transfer  of  any  such  registration,  and  any  person  who,  for 
a  valuable  consideration,  gives  a  false  pedigree  of  any  ani- 
mal, with  intent  to  mislead,  is  guilty  of  a  misdemeanor. 
En.  Stats.  1889,  35,  as  section  537^.  Amended  and  renum- 
bered 1905,  685. 

537a  (537%).  Section  537%  is  renumbered  537a,  and  the  word  "valu- 
able" is  substituted  for  "legal,"  before  "consideration."  Section  2 
is  omitted  because  not  properly  a  part  of  the  Penal  Code. — Code  Com- 
missioner's  Note. 

§  537b.  Defrauding  owners  of  livery  stables.  Any  per- 
son who  obtains  any  livery  hire  or  other  accommodation  at 
any  livery  or  feed  stable,  kept  for  profit,  in  this  state, 
without  paying  therefor,  with  intent  to  defraud  the  pro- 
prietor or  manager  thereof;  or  who  obtains  credit  at  any 
such  livery  or  feed  stable  by  the  use  of  any  false  pretense; 
or  who,  after  obtaining  a  horse,  vehicle,  or  other  property 
at  such  livery  or  feed  stable,  willfully  or  maliciously  abuses 
the  same  by  beating,  goading,  overdriving  or  other  willful 


§  538  FALSE    PERSONATION    AND    CHEATS.  20)i 

cr  malicious  conduct,  or  who,  after  obtaining  such  horse, 
vehicle,  or  other  property,  shall,  with  intent  to  defraud  the 
owner,  manager  or  proprietor  of  such  livery  or  feed  stable, 
keep  the  same  for  a  longer  period,  or  take  the  same  to  a 
greater  distance  than  contracted  for;  or  allow  a  feed  bill 
or  other  charges  to  accumulate  against  such  property,  with- 
out paying  therefor;  or  abandon  or  leave  the  same,  is  guilty 
of  a  misdemeanor.  En.  Stats.  1903,  157,  as  section  537%. 
Renumbered  1905,  685. 
?37b   (537%).    Renumbered,   but  not  amended. — Code  Commissioner's  Note. 

§  538.  Removing  mortgaged  personal  property;  further 
incumbrance  or  sale.  Every  person  who,  after  mortgaging 
any  of  the  property  mentioned  in  section  two  thousand  nine 
hundred  and  fifty-five  of  the  Civil  Code,  excepting  locomo- 
tives, engines,  rolling  stock  of  a  railroad,  steamboat  ma- 
chinery in  actual  use,  and  vessels,  during  the  existence  of 
such  mortgage,  with  intent  to  defraud  the  mortgagee,  his 
representatives  or  assigns,  takes,  drives,  carries  away,  or 
otherwise  removes  or  permits  the  taking,  driving,  or  carry- 
ing away,  or  other  removal  of  the  mortgaged  property,  or 
any  part  thereof,  from  the  county  where  it  was  situate  when 
mortgaged,  without  the  written  consent  of  the  mortgagee, 
or  who  sells,  transfers,  or  in  any  manner  further  incumbers 
the  said  mortgaged  property,  or  any  part  thereof,  or  causes 
the  same  to  be  sold,  transferred,  or  further  incumbered,  is 
guilty  of  larceny,  and  is  punishable  accordingly;  unless  at 
or  before  the  time  of  making  such  sale,  transfer,  or  incum- 
brance, such  mortgagor  informs  the  person  to  whom  such 
sale,  transfer,  or  incumbrance  is  made,  of  the  existence  of 
the  prior  mortgage,  and  also  informs  the  prior  mortgagee 
of  the  intended  sale,  transfer,  or_  incumbrance,  in  writing, 
by  giving  the  name  and  place  of  residence  of  the  party  to 
whom  the  sale,  transfer,  or  incumbrance  is  to  be  made.  En. 
Stats.  1893,  120.     Am'd.  1905,  686. 

■^he  amendment  extends  the  operation  of  the  section  to  cases  where 
personal  property  is  taken,  removed,  or  >3riven  from  the  county  in 
which  it  is  mortgaged  with  the  Intention  of  defrauding  the  mortga- 
gagee.  The  change  consists  in  the  addition  of  the  words  "with  In- 
tent to  defraud  the  mortgagee,  his  representatives  or  assigns,  takes, 
diives,  carries  away,  or  otherwise  removes  or  permits  the  taking, 
driving  or  carrying  away,  or  other  removal  of  the  mortgaged  prop- 
erty, or  any  part  thereof,  from  the  county  where  It  was  situated 
when  mortgaged,  without  the  written  consent  of  the  mortgagee,  or 
who." — Code  Commmissioner's  Note. 
There   were   formerly   two   sections   of   this   number,    one   added    March 

9,    1903,    which    appears    above    as    amended    in    1905.    The    other,    added 

March    11,    1903,    has    been    amended    and    renumbered    53Sa    in    1905    and 

appears    below. 


209  FRAUDULENTLY    DESTROYING    VESSELS.     §§  538a-o40 

§  538a.    Misrepresentation      of      newspaper     circulation. 

Every  proprietor  or  publisher  of  any  newspaper  or  periodi- 
cal who  shall  willfully  and  knowingly  misrepresent  the 
circulation  of  such  newspaper  or  periodical,  for  the  purpose 
of  securing  advertising  or  other  patronage,  shall  be  deemed 
guilty  of  a  misdemeanor.  En.  Stats.  1893,  132,  as  section 
538.  Eenumbered  and  amended  1905,  680. 
538a    (538).     Section   538    is   renumbered   53Sa.— Code    Commissioner's    Note 

See  note  to  section  538,  ante. 

§  538b.  Wearing  badge  of  secret  society  unless  entitled 
.to.  Any  person  who  willfully  wears  the  badge,  lapel  button, 
rosette,  or  other  recognized  and  established  insignia  of  any 
secret  society,  order,  or  organization,  or  uses  the  same  to 
obtain  aid  or  assistance  within  this  state,  unless  entitled 
to  wear  or  use  the  same,  under  the  constitution,  by-laws,  or 
rules  and  regulations,  or  other  laws  or  enactments  of  such 
order  or  society,  is  guilty  of  a  misdemeanor.  En.  Stats. 
1905,  686. 

538b  (543V4).  This  section  consists  of  the  matter  now  in  section  543%. 
Tlie  change  is  made  by  placing  the  matter  in  a  section  in  the  proper 
chapter.  By  some  inadvertence  the  legislature  i^laced  it  in  the  chap- 
ter providing  for  the  punishment  of  persons  frau'dulently  fitting  out 
and  destroying  vessels. — Code  Commissioner's  Note. 


CHAPTEE  IX. 

FRAUDULENTLY    FITTING    OUT    AND    DESTROYING    VESSELS. 

§  539.     Captain  or  other  officer  willfully  destroying  vessel,   etc. 

§  540.     Other   person   willfully   destroying  vessel,    etc. 

§  541.    Making  false   manifest,   etc. 

§§  542,  543.     No    sections. 

§  5431/2.  Wearing  the  badge   of  secret   order.     (Repealed.) 

§  539.  Captain  or  other  ofScer  willfully  destroying  ves- 
sel, etc.  Every  captain  or  other  ofHeer  or  person  in  com- 
mand or  charge  of  any  vessel,  who,  within  this  state,  will- 
fully wrecks,  sinks,  or  otherwise  injures  or  destroys  such 
vessel,  or  any  cargo  in  such  vessel,  or  willfully  permits  the 
same  to  be  wrecked,  sunk,  or  otherwise  injured  or  de- 
stroyed, with  intent  to  prejudice  or  defraud  any  other 
person,  is  punishable  by  imprisonment  in  the  state  prison 
not   less   than   three  years.     En.   February   14,   1872. 

§  540.     Other    person    willfully    destroying    vessel,     etc. 
Every  person,  other  than  such  as  are  embraced  within  the 
Pen.  Code— 14 


§■§  541-545  KEEPING    WRECKED    PROPERTY.  210 

last  section,  who  is  guilty  of  any  act  therein  specified,  is 
punishable  by  imprisonment  in  the  state  prison  for  a  term 
not  exceeding  ten  years.     En.  February  14,  1872. 

§  541.  Making  false  manifest,  etc.  Every  person  guilty 
of  preparing,  making,  or  subscribing  any  false  or  fraud- 
ulent manifest,  invoice,  bill  of  lading,  ship's  register,  or 
protest,  with  intent  to  defraud  another,  is  punishable  by 
imprisonment  in  the  state  prison  not  exceeding  three  years. 
En.  February  14,  1872. 

§§  542,  543.     [No  sections  of  these  numbers.] 

§  5431/2-     Wearing  the  badge  of  secret  order.     En.  Stats. 
1S99,   90.     Eep.   1905,  685. 
See  ante,  §  538b,  note. 

CHAPTEE  X. 

FRAUDULENTLY     KEEPING    POSSESSION    OF    WRECKED     PROP- 
ERTY. 

§  544.    Detaining  wrecked  property  after  salvage  paid. 
§  545.    Unlawful  taking  of  wrecked   property. 

§  544.    Detaining   wrecked   property   after   salvage   paid. 

Every  person  who  keeps  any  wrecked  property,  or  the 
proceeds  thereof,  after  the  salvage  and  expenses  charge- 
able thereon  have  been  agreed  to  or  adjusted,  and  the 
amount  thereof  has  been  paid  to  him,  is  punishable  by  fine 
not  exceeding  one  thousand  dollars,  or  by  imprisonment  in 
the  county  jail  not  exceeding  one  year,  or  both.  En.  Feb- 
ruary 14,  1872. 

Wrecks  and  wrecked  property:  Pol.  Code,  sees.  2403-2418. 

§  545.  Unlawful  taking  of  wrecked  property.  Every  per- 
son who  takes  away  any  goods  from  any  stranded  ves- 
sel, or  any  goods  cast  by  the  sea  upon  the  land,  or  found 
in  any  bay  or  creek,  or  knowingly  has  in  his  possession 
any  g^ids  so  taken  or  found,  and  does  not  deliver  the 
same  to  the  sheriff  of  the  county  where  they  were  found, 
or  notify  him  of  his  readiness  to  do  so  within  thirty  days 
after  the  same  have  been  taken  by  him,  or  have  come  into 
his  possession,  is  guilty  of  a  misdemeanor.  En.  February 
14,  1872. 

Wrecks  and  wrecked  property:     Pol.  Code,  sees.  2403-2418. 


211  FALSE   WEIGHTS   AND   MEASURES.  §§  548-552 

CHAPTEE  XI. 

FRAUDULENT     DESTRUCTION     OF     PROPERTY      INSURED. 

§  548.     Burning  or  destroying  property  Insured. 

§  549.     Presenting  false  proofs   upon  policy  of  insurance. 

§  548.  Burning  or  destroying  property  insured.  Every 
person  who  willfully  burns,  or  in  any  other  manner  in- 
jures or  destroys  any  property  which  is  at  the  time  in- 
sured against  loss  or  damage  by  fire  or  by  any  other 
casualty,  with  intent  to  defraud  or  prejudice  the  insurer, 
whether  the  same  be  the  property  of  or  in  possession  of 
such  person  or  of  any  other,  is  punishable  by  imprison- 
ment in  the  state  prison  not  less  than  one  nor  more  than 
ten  years.     En.  February  14,  1872. 

Cal.  Eep.  Cit.^   120,  169;  120,  687. 
Arson:     See  ante,  sec.  447. 

§  549.    Presenting  false  proofs  upon  policy  of  insurance. 

Every  person  who  presents  or  causes  to  be  presented  any 
false  or  fraudulent  claim,  or  any  proof  in  support  of  any 
such  claim,  upon  any  contract  of  insurance  for  the  payment 
of  any  loss,  or  who  prepares,  makes,  or  subscribes  any  ac- 
count, certificate  of  survey,  affidavit,  or  proof  of  loss,  or 
other  book,  paper,  or  writing  with  intent  to  present  or 
use  the  same,  or  to  allow  it  to  be  presented  or  used  in 
support  of  any  such  claim,  is  punishable  by  imprisonment 
in  the  state  prison  not  exceeding  three  years,  or  by  fine 
not  exceeding  one  thousand  dollars,  or  by  both.  En.  Feb- 
ruary 14,  1872. 

Notice  and  proof  of  loss:  See  Civ.  Code,  sees.  2633- 
2637. 

CHAPTEE   Xn. 

FALSE    Vi'EIGHTS    AND    MEASURES. 

§  552.  "False    weight"    and    "measure"    defined. 

§  553.  Using  false  weights   or  measures. 

§  554.  Stamping   false   weight,    etc.,    on  casks   or   packages. 

§  555.  Weight   by   the   ton   or   pound. 

§  552.  "False  weight"  and  "measure"  defined.  A  false 
weight  or  measure  is  one  which  does   not  conform  to   the 


§§  553-557  FRAUDULENT    INSOLVENCIES.  1'12 

standard  established  by   the   laws   of   the   United   States   of 
America.     En.  February  14,  1872. 

Weights  and  measures:     See  Pol.  Code,  sees.   3209-.3223. 

§  553.  Using  false  weights  or  measures.  Every  per- 
son who  uses  any  weight  or  measure,  knowing  it  to  be  false, 
by  which  use  another  is  defrauded  or  otherwise  injured,  is 
guilty  of  a  misdemeanor.     En.  February  14,  1872. 

§  554.  Stamping  false  weight,  etc.,  on  casks  or  pack- 
ages. Every  person  who  knowingly  marks  or  stamps  false 
or  short  weight  or  measure,  or  false  tare,  on  any  cask  or 
package,  or  knowingly  sells,  or  offers  for  sale,  any  cask  or 
package  so  marked,  is  guilty  of  a  misdemeanor.  En.  Feb- 
ruary 14,  1872. 

§  555.  Weight  by  the  ton  or  pound.  In  all  sales  of  coal, 
hay,  and  other  commodities,  usualh'  sold  by  the  ton  or 
fractional  parts  thereof,  the  seller  must  give  to  the  pur- 
chaser full  weight,  at  the  rate  of  two  thousand  pounds 
to  the  ton;  and  in  all  sales  of  articles  which  are  sold  in 
commerce  by  avoirdupois  weight,  the  seller  must  give  to 
the  purchaser  full  weight,  at  the  rate  of  sixteen  ounces 
to  the  pound;  and  any  person  violating  this  section  is  guilty 
of  a  misdemeanor.     En.  Stats.  1875-6,  112. 

CHAPTER  XIII. 

FRAUDULENT    INSOLVENCIES    BY    CORPORATIONS,    AND    OTHER 
FRAUDS    IN    THEIR    MANAGEMENT. 

§  557.     Frauds  In   subscriptions  for  stock  of  corporations. 

§  558.     Frauds  in   procuring  organization,   etc.,   of  corporation. 

8  5.59'.    Unauthorized    use    of   names    in    prospectus,    etc. 

§  560.     Misconduct    of    directors    of   stock   corporations. 

§  561.     Savings-bank    officer    overdrawing    his    account. 

§  562.     Receiving   deposits    in    insolvent    banks. 

§  363.     Frauds    in    keeping    accounts    in    books   of   corporations. 

§  564.     Officer  of   corporation   publishing  false  reports. 

§  .565.     Officer   of   corporation   to   permit   an    inspection. 

§  566.    Officer   of    railroad    company    contracting    debt    in    its    behalf    ex- 

cee'ding   its  available   means. 
§  567.    Debt  contracted  in  violation   of  last  section  not  invalid. 
§  568.     Director    of    a    corporation    presumed    to    have    knowledge    of    us 

affairs. 
§  569.     Director    present    at    meeting,     when    presumed    to    have    assente  1 

to  proceedings. 
§  570.     Director  absent   from    meeting,    when   presumed    to   have   assented 

to  proceedings. 
§  .571.     Foreign  corporations. 
§  572.     "Director"   defined. 

§  557.    Frauds  in  subscriptions  for  stock  of  corporations. 

Every    person   who    signs    the    name    of    a    fictitious    person 


213  FRAUDULENT    INSOLVENCIES.  §§  558,  559 

to  any  subscription  for  or  agreement  to  take  stock  in  any 
corporation  existing  or  proposed,  and  every  person  who 
signs  to  any  subscription  or  agreement  the  name  of  any 
person,  knowing  that  such  person  has  not  means  or  does 
not  intend  in  good  faith  to  comply  with  all  the  terms  there- 
of, or  under  any  understanding  or  agreement  that  the  terms 
of  such  subscription  or  agreement  are  not  to  be  complied 
with  or  enforced,  is  guilty  of  a  misdemeanor.  En.  February 
14,  1872. 

Subscription  to  articles  of  incorporation:  Civ.  Code,  sec. 
292. 

Subscription  to  capital  stock:  Civ.  Code,  sec.  293. 

Oath  to  subscription:   Civ.  Code,  sec.  295. 

§  558.  Frauds  in  procuring  organization,  etc.,  of  cor- 
poration. Every  officer,  agent,  or  clerk  of  any  corporation, 
or  of  any  persons  proposing  to  organize  a  corporation,  or 
to  increase  the  capital  stock  of  any  corporation,  who  know-- 
ingly  exhibits  any  false,  forged,  or  altered  book,  paper, 
voucher,  security,  or  other  instrument  of  evidence  to  any 
public  officer  or  board  authorized  by  law  to  examine  the 
organization  of  such  corporation,  or  to  investigate  its 
affairs,  or  'to  be  allowed  an  increase  of  its  capital,  with 
intent  to  deceive  such  officer  or  board  in  respect  thereto, 
is  punishable  by  imprisonment  in  the  state  prison  not  less 
than  three  nor  more  than  ten  years.  En.  February  14, 
1872. 

False  certificate,  report,  or  notice — civil  liability  of  offi- 
cers:  See  sec.  316,  Civ.  Code. 

Corporations,  organization  of:  Civ.  Code,  sees.  283  et 
seq. 

Eecords:  Civ.  Code,  sees.  377,  378. 

Increasing  stock:  Civ.  Code,  sec.  359. 

§  559.    Unauthorized  use    of    names   in    prospectus,    etc. 

Every  person  who,  without  being  authorized  so  to  do, 
subscribes  the  name  of  another  to  or  inserts  the  name  of 
another  in  any  prospectus,  circular,  or  other  advertise- 
ment, or  announcement  of  any  corporation  or  joint-stock 
association,  existing  or  intended  to  be  formed,  with  in- 
tent to  permit  the  same  to  be  published,  and  thereby  to 
lead  persons  to  believe  that  the  person  whose  name  is  so 
subscribed  is  an  officer,  agent,  member  or  promoter  of  such 
corporation  or  association,  is  guilty  of  a  misdemeanor.  En. 
February  14,  1872. 
See  ante,  sec.  558. 


§§  560-562  FRAUDULENT    INSOLVENCIES.  214 

§  560.     Misconduct    of   directors    of     stock     corporations. 

Every  director  of  any  stock  corporation  who  concurs  in 
any  vote  or  act  of  the  directors  of  such  corporation  or  any 
of  them,  by  which  it   is  intended,  either — 

1.  To  make  any  dividend,  except  from  the  surplus  profits 
arising  from  the  business  of  the  corporation,  and  in  the 
cases  and  manner  allowed  by  law;   or, 

2.  To  divide,  withdraw,  or  in  any  manner,  except  as 
provided  by  law,  pay  to  the  stockholders,  or  any  of  them, 
any  part  of  the   capital  stock  of  the  corporation;   or, 

3.  To  discount  or  receive  any  note  or  other  evidence  of 
debt  in  payment  of  any  installment  actually  called  in  and 
required  to  be  paid,  or  with  the  intent  to  provide  the  means 
of  making  such  payment;  or, 

4.  To  receive  or  discount  any  note  or  other  evidence  of 
debt,  with  the  intent  to  enable  any  stockholder  to  with- 
draw any  part  of  the  money  paid  in  by  him,  or  his  stock; 
or, 

5.  To  receive  from  any  other  stock  corporation,  in  ex- 
change for  the  shares,  notes,  bonds,,  or  other  evidences 
of  debt  of  their  own  corporation,  shares  of  the  capital 
stock  of  such  other  corporation,  or  notes,  bonds,  or  other 
evidences  of  debt  issued  by  such  other  corporation; 

— is  guilty  of  a  misdemeanor.     En.  February  14,  1872. 

Cal.  Rep.  Cit.     72,  56;   72,  58;   116,  415. 

Dividends  to  be  made  from  surplus  profits:  Civ.  Code, 
sec.   309. 

Officers  of  bank  making  illegal  loans  or  investments: 
See  Civ.  Code,  sec.  581. 

Officer  of  bank  advertising  or  making  statement  as  to 
capital  stock  without  showing  amount  paid  up:  See  Civ. 
Code,  sec.  583a. 

Persons  engaged  in  banking  guilty  of  misdemeanor  un- 
less true  name  shown:  See  Civ.  Code,  see.  582. 

§  561.     Savings-bank     oflacer     overdrawing    Ids     account. 

Every  officer,  agent,  teller,  or  clerk  of  any  savings  bank, 
who  knowingly  overdraws  his  account  with  such  bank,  and 
thereby  wrongfully  obtains  the  money,  note,  or  funds  of 
such  bank,   is  guilty  of  a   misdemeanor.     En.   February   14, 

1872. 

§  562.  Receiving  deposits  in  insolvent  banks.  Every 
ofiicer,  agent,  teller,  or  clerk  of  any  bank,  and  every  in- 
dividual banker,  or  agent,  teller,  or  clerk  of  any  individual 


215  FRAUDULENT    INSOLVENCIES.  §§  563,  5B4 

banker,  who  receives  any  deposits,  knowing  that  such  bank, 
or  association,  or  banker  is  insolvent,  is  guilty  of  a  misde- 
meanor.    En.  February   14,   1872. 

§  563.  Frauds  in  keeping  accounts  in  books  of  corpora- 
tions. Every  director,  officer,  or  agent  of  any  corporation 
or  joint-stock  association,  who  knowingly  receives  or  pos- 
sesses himself  of  any  property  of  such  corporation  or 
association,  otherwise  than  in  payment  of  a  just  demand, 
and  who,  with  intent  to  defraud,  omits  to  make,  or  to 
cause  or  direct  to  be  made,  a  full  and  true  entry  thereof 
in  the  books  or  accounts  of  such  corporation  or  associa- 
tion, and  every  director,  officer,  agent,  or  member  of  any 
corporation  or  joint-stock  association  who,  with  intent  to 
defraud,  destroys,  alters,  mutilates,  or  falsifies  any  of  the 
books,  papers,  writings,  or  securities  belonging  to  such 
corporation  or  association,  or  makes,  or  concurs  in  making, 
any  false  entries,  or  omits,  or  concurs  in  omitting  to  make 
any  material  entry  in  any  book  of  accounts,  or  other  record 
or  document  kept  by  such  corporation  or  association,  is 
punishable  by  imprisonment  in  the  state  prison  not  less 
than  three  nor  more  than  ten  years,  or  by  imprisonment  in 
a  county  jail  not  exceeding  one  year,  and  a  fine  not  exceed- 
ing five  hundred  dollars,  or  by  both  such  fine  and  imprison- 
ment.    En.  February  14,  1872. 

Oal.  Eep.  Cit.     53,  615;  103,  202. 
See  ante,   sec.  558. 

§  564.  Officer  of  corporation  publishing  false  reports, 
etc.  Every  director,  officer,  or  agent  of  any  corporation  or 
joint-stock  association,  who  knowingly  concurs  in  making, 
publishing,  or  posting  either  generally  or  privately  to  the 
stockholders  or  other  persons,  any  written  report,  exhibit, 
or  statement  of  its  affairs  or  pecuniary  condition,  or  book 
or  notice  containing  any  material  statement  which  is  false, 
or  any  untrue  or  willfully  or  fraudulently  exaggerated  re- 
port, prospectus,  account,  statement  of  operations,  values, 
business,  profits,  expenditures,  or  prospects,  or  any  other 
paper  or  document  intended  to  produce  or  give,  or  having 
a  tendency  to  produce  or  give,  the  shares  of  stock  in  such 
corporation  a  greater  value  or  a  less  apparent  or  market 
value  than  they  really  possess,  or  refuses  to  make  any  book 
or  post  any  notice  required  by  law,  in  the  manner  required 
by  law,  is  guilty  of  a  felony.  En.  February  14,  1872.  Am'd. 
1875-6,  112;   1905,  683. 


§§  565-568  FRAUDULENT    INSOLVENCIES.    •  216 

The  amendment  is  intended  to  incorporate  in  the  section  such  pro- 
visions of  the  statute  of  1877-8,  page  693,  as  are  not  already  suttl- 
ciently  expressed  therein.  The  statute,  however,  is  limited  to  cor- 
porations whose  stocli  is  li.sted  on  the  stock  board  or  exchange.  The 
amenvlment  omits  this  limitation,  for  the  reason  that  its  constitu- 
tionality   is    doubtful, — Co'de    Commissioner's    Note. 

Cal.  Rep.  Cit.     53,  648. 

See  Civ.  Code,  sec.  316;  ante,  sec.  558. 

False  reports,  act  relating  to:  See  post,  Appendix,  title 
Corporations. 

§  565.     Officer    of    corporation    to    permit    an    inspection. 

Every  officer  or  agent  of  any  corporation,  having  or  keep- 
ing an  office  within  this  state,  who  has  in  his  custody  or 
control  any  book,  paper,  or  document  of  such  corporation, 
and  who  refuses  to  give  to  a  stockholder  or  member  of 
such  corporation,  lawfully  demanding,  during  office  hours, 
to  inspect  or  take  a  copy  of  the  same,  or  of  any  part  there- 
of, a  reasonable  opportunity  so  to  do,  is  guilty  of  a  mis- 
demeanor.    En.  February  14,  1872. 

Records  of  corporation:     See  Civ.  Code,  sees.  377,  378. 

§  566.  Officer  of  railroad  company  contracting  debt  in 
its  behalf  exceeding  its  available  means.  Every  officer, 
agent,  or  stockholder  of  any  railroad  company,  who  know- 
ingly assents  to,  or  has  any  agency  in  contracting  any 
debt  by  or  on  behalf  of  such  company,  unauthorized  by 
a  special  law  for  the  purpose,  the  amount  of  which  debt, 
with  other  debts  of  the  company,  exceeds  its  available  means 
for  the  payment  of  its  debts,  in  its  possession,  under  its 
control,  and  belonging  to  it  at  the  time  such  debt  is  con- 
tracted, including  its  bona  fide  and  available  stock  sub- 
scriptions, and  exclusive  of  its  real  estate,  is  guilty  of  a  mis- 
demeanor.    En.  February  14,  1872. 

§  567.  Debt  contracted  in  violation  of  last  section  not 
invalid.  The  last  section  does  not  affect  the  validity  of 
a  debt  created  in  violation  of  its  provisions,  as  against  the 
company.     En.  February  14,  1872. 

§  568.  Director  of  a  corporation  presumed  to  have  knowl- 
edge of  its  affairs.  Every  director  of  a  corporation  or 
joint-stock  association  is  deemed  to  possess  such  a  knowl- 
edge of  the  affairs  of  his  corporation  as  to  enable  him  to 
determine   whether  any  act,   proceeding,   or   omission   of   its 


217  FRAUDULENT    INSOLVENCIES.  §§  569-572 

directors  is  a   violation   of  this   chapter.     En.  February   14, 
1872. 

§  569.  Director  present  at  meeting,  when  presumed  to 
have  assented  to  proceedings.  Every  director  of  a  corpora- 
tion or  joint-stock  association,  who  is  present  at  a  meet- 
ing of  the  directors  at  which  any  act,  proceeding,  or  omis- 
sion ot  such  directors,  in  violation  of  this  chapter,  occurs, 
is  deemed  to  have  concurred  therein,  unless  he  at  the  time 
causes,  or  in  writing  requires,  his  dissent  therefrom  to  be 
entered  in  the  minutes  of  the  directors.  En.  February  14, 
1872. 

See   Civ.   Code,   sees.   309,  377. 

§  570.  Director  absent  from  meeting,  when  presumed  to 
have  assented  to  proceedings.  Every  director  of  a  corpora- 
tion or  joint-stock  association,  although  not  present  at  a 
meeting  of  the  directors  at  which  any  act,  proceeding,  or 
omission  of  such  directors,  in  violation  of  this  chapter, 
occurs,  is  deemed  to  have  concurred  therein,  if  the  facts 
constituting  such  violation  appear  on  the  records  or  minutes 
of  the  proceedings  of  the  board  of  directors,  and  he  re- 
mains a  director  of  the  same  company  for  six  months  there- 
after, and  does  not  within  that  time  cause,  or  in  writing 
require,  his  dissent  from  such  illegality  to  be  entered  in 
the  minutes  of  the  directors.     En.  February  14,  1872. 

§  571.  Foreign  corporations.  It  is  no  defense  to  a  prose- 
cution for  a  violation  of  the  provisions  of  this  chapter,  that 
the  corporation  was  one  'created  by  the  laws  of  another  state, 
government,  or  country,  if  it  was  one  carrying  on  busi- 
ness or  keeping  an  office  therefor  within  this  state.  En. 
February  14,  1872. 

§  572.  "Director"  defined.  The  term  "director,"  as 
used  in  this  chapter,  embraces  any  of  the  persons  having 
by  law  the  direction  or  management  of  the  affairs  of  a 
corporation,  by  whatever  name  such  persons  are  described 
in  its  charter  or  known  by  law.     En.  February  14,  1872. 


§§  577-579  FRAUDULENT    ISSUE   OF   DOCUMENTS. 


CHAPTEE  XIV. 

FRAUDULENT    ISSUE    OF    DOCUMENTS    OF   TITLE    TO    MtiKCHAN- 

DISE. 

§  577.  Issuing-   fictitious    bills   of   lading,    etc. 

§  57S.  Issuing  fictitious   warehouse  receipts. 

§  57n.  Erroneous  bills   of  lading   or   receipts  issued   in   good  faith. 

§  5S0.  Duplicate    receipts    must   be   marked    "duplicate." 

§  5S1.  Selling,    etc.,    property   received    for   transportation   or   storage. 

§  .582.  Bill    of    lading    or    receipt    Issued    by    warehousemen.     (Repealed.) 

§  583.  Property  -demanded   by   process  of  law. 

§  577.  Issuing  fictitious  bills  of  lading,  etc.  Every  per- 
son, being  the  master,  owner,  or  agent  of  any  vessel,  or 
officer  or  agent  of  any  railroad,  express,  or  transportation 
company,  or  otherwise  being  or  representing  any  carrier, 
who  delivers  any  bill  of  lading,  receipt,  or  other  voucher, 
by  which  it  appears  that  any  merchandise  of  any  descrip- 
tion has  been  shipped  on  board  any  vessel,  or  delivered 
to  any  railroad,  express,  or  transportation  company,  or 
other  carrier,  unless  the  same  has  been  so  shipped  or  de- 
livered, and  is  at  the  time  actually  under  the  control  of 
such  carrier,  or  the  master,  owner,  or  agent  of  such  vessel, 
or  of  some  officer  or  agent  of  such  company,  to  be  for- 
warded as  expressed  in  such  bill  of  lading,  receipt,  or  voucher, 
is  punshable  by  imprisonment  in  the  state  prison  not  exceed- 
ing five  years,  or  by  a  fine  not  exceeding  one  thousand  dol- 
lars, or  both.     En.  February  14,  1872. 

Bill  of  lading:  See  Civ.  Code,  sees.  2126  et  seq. 

§  578.  Issuing  fictitious  warehouse  receipts.  Everj^  per- 
son carrying  on  the  business  of  a  Varehouseman,  wharfin- 
ger, or  other  depositary  of  property,  who  issues  any  re- 
ceipt, bill  of  lading,  or  other  voucher  for  any  merchan- 
dise of  any  description,  which  has  not  been  actually  re- 
ceived upon  the  premises  of  such  person,  and  is  not  under 
his  actual  control  at  the  time  of  issuing  such  instrument, 
whether  such  instrument  is  issued  to  a  person  as  being 
the  owner  of  such  merchandise,  or  as  security  for  any 
indebtedness,  is  punishable  by  imprisonment  in  the  state 
prison  not  exceeding  five  years,  or  by  a  fine  not  exceeding 
one  thousand  dollars,  or  both.     En.  February  14,  1872. 

Bill  of  lading:     See  Civ.  Code,  sees.  2126  et  seq. 

§  579.  Erroneous  bills  of  lading  or  receipts  issued  in 
good    faith.     No    person    can    be    convicted    of    an    offense 


219  FRAUDULENT   ISSUE   OF   DOCUMENTS.  §§  5S0-583 

under  the  last  two  sections  by  reason  that  the  contents  of 
any  barrel,  box,  case,  cask,  or  other  vessel  or  package  men- 
tioned in  the  bill  of  lading,  receipt,  or  other  voucher,  did 
not  correspond  with  the  description  given  in  such  instru- 
ment of  the  merchandise  received,  if  such  description  cor- 
responded substantially  with  the  marks,  labels,  or  brands 
upon  the  outside  of  such  vessel  or  package,  unless  it  ap- 
pears that  the  accused  knew  that  such  marks,  labels,  or 
brands,  were  untrue.     En.  February  14,  1872. 

§  580.     Duplicate  receipts  must  be  marked   ' '  duplicate. ' ' 

Every  person  mentioned  in  this  chapter  who  issues  any 
second  or  duplicate  receipt  or  voucher,  of  a  kind  specified 
therein,  at  a  time  while  any  former  receipt  or  voucher  for 
the  merchandise  specified  in  such  second  receipt  is  outstand- 
ing and  uncanceled,  without  writing  across  the  face  of  the 
same  the  word  "duplicate,"  in  a  plain  and  legible  man- 
ner, is  punishable  by  imprisonment  in  the  state  prison 
not  exceeding  five  years,  or  by  a  fine  not  exceeding  one 
thousand  dollars,  or  both.  En.  February  14,  1872. 
Duplicate  bills:     See  Civ.  Code,  sec.  2130. 

§  581.  Selling,  etc.,  property  received  for  transportation 
or  storage.  Every  person  mentioned  in  this  chapter,  who 
sells,  hypothecates,  or  pledges  any  merchandise  for  which 
any  bill  of  lading,  receipt,  or  voucher  has  been  issued  by 
him,  without  the  consent  in  writing  thereto  of  the  person 
holding  such  bill,  receipt,  or  voucher,  is  punishable  by 
imprisonment  in  the  state  prison  not  exceeding  five  years, 
or  by  a  fine  not  exceeding  one  thousand  dollars,  or  both. 
En.  February  14,   1872. 

§  582.     Bill  of  lading  or  receipt  issued  by  warehouseman. 

(Repealed.)      En.  February   14,   1872.     Rep.   1873-4,   434. 

§  583.  Property  demanded  by  process  of  law.  The  last 
two  sections  do  not  apply  where  property  is  demanded  or 
sold  by  virtue  of  process  of  law.     En.  February  14,  1872. 


§§  1S7-50I-I       INJURIES    TO    RAILROAD    BRIDGES,    ETC. 


CHAPTEE  XV. 

MALICIOUS      INJURIES      TO      RAILROAD      BRIDGES,      HIGHWAYS, 
BRIDGES,    ANTO    TELEGRAPHS. 

§  5S7.     Injuries   to   railroads    and   railroad  bridges. 
§  588.     Injuries   to  liighways,    private  ways,   and   bridges. 
§  589.     Injuries    to   toll-houses   and    gates. 
§  590.    Injuries  to  milestones   and   guide-boards. 
§  591.     Injuring    telegraph    or    telephone    lines. 
§  592.    Taking   water   from   or   obstructing   canals. 
§  593.     Penalty    for    interference    with    electric    wires. 

§  5D3a.  Driving   nails,    etc.,    in    wood    intended    for    manufacture    of    lum- 
lier. 

§  587.  Injuries  to  railroads  and  railroad  bridges.  Every 
person  Tvho  maliciously,   cither — 

1.  Eemoves,  displaces,  injures,  or  destroys  any  part  of 
any  railroad,  whether  for  steam  or  horse  cars,  or  any  track 
of  any  railroad,  or  any  branch  or  branch-way,  switch,  turn- 
out, Isridge,  viaduct,  culvert,  embankment,  station-house, 
or  other  structure  or  fixture,  or  any  part  thereof,  attached 
to  or  connected  with  any  railroad;  or, 

2.  Places  any  obstruction  upon  the  rails  or  track  of  any 
railroad,  or  of  any  switch,  branch,  branch-way,  or  turnout 
connected   with   any  railroad; 

— is  punishable  by  imprisonment  in  the  state  prison  not 
exceeding  five  years,  or  in  the  county  jail  not  less  than  six 
months.     En.  February  14,  1872. 

Cal.  Eep.  Git.     75,  571. 

§  588.     Injuries  to  highways,  private  ways,   and  bridges. 

Every  person  who  maliciously  digs  up,  removes,  displaces, 
breaks,  or  otherwise  injures  or  destroys  any  public  high- 
way or  bridge,  or  any  private  way  laid  out  by  authority 
of  law,  or  bridge  upon  such  highway  or  private  way,  is 
punishable  by  imprisonment  in  the  state  prison  not  exceed- 
ing five  years,  or  in  the  county  jail  not  exceeding  one  year. 
En.   February   14,    1872. 

Cal.  Eep.  Cit.     136,  456;  136,  550. 

§  589.  Injuries  to  toll-houses  and  gates.  Every  person 
who  maliciously  injures  or  destroys  any  toll-house  or  turn- 
pike   gate,   is    guilty   of    a    misdemeanor.     En.    February    14, 

1872. 

§  590.  Injuries  to  milestones  and  guide-boards.  Every 
person  who   maliciously  removes  or   injures   any   mile-board, 


tion.      (In  encLu 


690.  Every  person  who  maliciously  removes  destrovc 
.n.ure,,  breaks  or  defaces  any  mile  post,  board  «;  ston? '; 
^uKle  post  erected  on  or  near  any  highway,  or  any  inscnp- 
lon  thereon.  ,s  guilty  of  a  misdemeanor.  (In  effect  60  days 
from  and  after  March  22,  1907.)  ^ 


221  INJURIES   TO   RAILROAD   BRIDGES,    ETC.  §§  591-593a 

post,  or  stone,  or  guide-post,  or  any  inscription  on  such, 
erected  upon  any  highway,  is  guilty  of  a  misdemeanor.  En. 
February  14,  1872. 

§  591.  Injuring  telegraph  or  telephone  lines.  Every  per- 
son who  maliciously  takes  down,  removes,  injures,  or  ob- 
structs any  line  of  telegraph  or  telephone,  or  any  other 
line  used  to  conduct  electricity,  or  any  part  thereof,  or  ap- 
purtenances or  apparatus  connected  therewith,  or  severs  any 
wire  thereof,  is  guilty  of  a  misdemeanor.  En.  February  14, 
1872.     Am'd.   1905,  683. 

The  change  consists  in  tlie  insertion  of  the  words   "or  telephone,   or  any 
other  line  used  to  con-Juct  electricity." — Code  Commissioner's  Note. 

Cal.  Eep.  Cit.     127,  315;   127,  317. 

§  592.  Taking  water  from  or  obstructing  canals.  Every 
person  who  shall  without  authority  of  the  owner  or  man- 
aging agent,  and  with  intent  to  defraud,  take  water  from 
any  canal,  ditch,  flume,  or  reservoir,  used  for  the  purpose 
of  holding  or  conveying  water  for  manufacturing,  agri- 
cultural, mining,  irrigating  or  generation  of  power  or 
domestic  uses,  or  who  shall,  without  like  authority,  raise, 
lower,  or  otherwise  disturb  any  gate  or  other  apparatus 
thereof,  used  for  the  control  or  measurement  of  water, 
or  who  shall  empty  or  place,  or  cause  to  be  emptied  or 
placed,  into  any  such  canal,  ditch,  flume  or  reservoir,  any 
rubbish,  filth,  or  obstruction  to  the  free  flow  of  the  water, 
is  guilty  of  a  misdemeanor.  En.  1877-8,  118.  Am'd.  1899, 
146. 

§  593.    Penalty     for     interference    with     electric     wires. 

Every  person  who  unlawfully  and  maliciously  takes  down, 
removes,  injures,  interferes  with,  or  obstructs  any  line 
erected  or  maintained  by  proper  authority  for  the  purpose 
of  transmitting  electricity  for  light,  heat,  or  power,  or  any 
part  thereof,  or  any  insulator  or  cross-arm,  appurtenance 
or  apparatus  connected  therewith,  or  severs  or  in  any 
way  interferes  with  any  wire,  cable,  or  current  thereof,  is 
punishable  by  imprisonment  in  the  state  prison  not  ex- 
ceeding five  years,  or  by  fine  not  exceeding  five  hundred 
dollars,  or  imprisonment  in  the  county  jail  not  exceeding 
one  years.     En.   Stats.   ]901,   92. 

§  593a.  Driving  nails,  etc.,  in  wood  intended  for  manu- 
facture of  lumber.     Every  person  who  maliciously  drives  or 


MALICIOUS    MISCHIEF.  222 

places  in  any  saw-log,  shingle-bolt,  or  other  wood,  any  iron, 
steel,  or  other  substance  sufficiently  hard  to  injure  saws, 
knowing  that  such  saw-log,  shingle-bolt,  or  other  Wood  is 
intended  to  be  manufactured  into  any  kind  of  lumber,  is 
guilty  of  a  felony.     En.  Stats.  1905,  683. 

This   is   a   codification   of   the   statute   of   1875-6,    page   32,    relating   to    the 
protection    of   lumber   manufacturers. — Code    Commissioner's    Note. 


TITLE     XIV. 

MALICIOUS   MISCHIEF. 

§  594.     Malicious   mischief   in   general,    defined. 

§  595.  Specifications  in  following  sections  not  restrictive  of  last  sec- 
tion. 

§  596.     Poisoning   cattle. 

§  597.     Killing,    maiming,    or   torturing  animals. 

§  597a.  Unnecessary    torture,    suffering,    or   cruelty. 

§  597b.  Fighting   animals. 

§  597c.  Training   for   fighting,    or   being   present   at   fight. 

§  597d.  Arrests    without    warrants. 

§  597e.  Impounding  without  food   or  water. 

§  597f.   Permitting   animals   to   go   without   care. 

§  597g.  Keepers   of  stallions,   etc. 

§  598.     Killing,    etc.,    birds    in   cemeteries. 

§  59Sa.  Killing   or   detaining   homing   pigeons. 

§  599.     Killing   gulls   or   cranes,    destroying   nests   or    eggs. 

§  599.     Elk,   killing  of  a  felony. 

§  599a.  Prosecution. 

§  599b.  Words  -defined. 

§  599c.  Not  to   interfere  with  game  laws. 

§  599d.  Docking   of   tails. 

§  599e.  Animals  to  be  killed,   when  unfit  for  work. 

§  600.     Burning  structures,    etc.,   not   the  subject  of  arson. 

§  601.     Using   explosives,    in  destroying  or  injuring  buildings,    etc. 

§  602.     Malicious    injury    to    freehold. 

§  603.  Limitation  upon  the  operations  of  the  preceding  section.  (Re- 
pealed.) 

§  604'.     Injuries  to   standing  crops,   etc. 

§  605.     Removing,   defacing,   or  altering  landmarks. 

§  606.     Destroying   or    injuring   jails. 

§  607.    Destroying    or    injuring   bridges,    dams,    etc. 

§  60S.     Burning   or   injuring   rafts.     Setting  adrift   vessels. 

§  609.     Damages,    etc.,   to   buoy   and   beacon. 

§  610.     Masking   or   removing    signals,    or   exhibiting   false   lights. 

§  611.     Obstructing    navigable    streams. 

§  612.     Depositing   sawdust,    etc.,    in   Humboldt   Bay. 

§  613.     Throwing   overboard   ballast,    or   obstructing   navigation. 

§  614.     Mooring    vessels   to   buoj's. 

§  615.     Injuries   to  signals,   etc.,    in   United  States  survey. 

§  616.     Destroying   or   tearing    down    notices,    etc. 

§  617.     Injuring    or    destroying    written    instrument. 

§  61S.     Opening   or   publishing   sealed    letters. 

§  619.     Disclosing    contents    of    telegraphic    or    telephonic    message. 

§  620.     Altering   telegraphic    or   telephonic   messages. 

§  621.    Opening  telegraphic   or   telephonic  messages. 


223  MALICIOUS    MISCHIEF.  §§  594-537 

§  622.    Injuring  works   of  art  or  improvements. 

§  623.,    Desti-oying   books,    etc.,    in    public    libraries. 

S  6J3y2.  Detaining  books,   etc.,   from  public   libraries. 

§  624.     Breaking   or   obstructing   water-pipes,    etc. 

§  625.     Drawing    water    from    works    after   tliey    have    been    closed. 

§  625a.  Unlawful   Interference   witli   fire-alarm   apparatus;    penalty. 

§  594.  Malicious  mischief  in  general,  defined.  Every 
person  who  maliciously  injures  or  destroys  any  real  or 
personal  property  not  his  own,  in  cases  otherwise  than  such 
as  are  specified  in  this  code,  is  guilty  of  a  misdemeanor. 
En.  February  14,  1872. 

Jurisdiction  of  police  court:  See  Pol.  Code,  sec.  4426. 

§  595.  Specifications  in  following  sections  not  restrict- 
ive of  last  section.  The  specification  of  the  acts  enumer: 
ated  in  the  following  sections  of  this  chapter  is  not  in- 
tended to  restrict  or  qualify  the  interpretation  of  the  pre- 
ceding section.     En.  February   14,   1872. 

§  596.  Poisoning  cattle.  Every  person  who  willfully  ad- 
ministers any  poison  to  an  animal,  the  property  of  another, 
or  maliciously  exposes  any  poisonous  substance,  with  the 
intent  that  the  same  shall  be  taken  or  swallowed  by  any 
such  animal,  is  punishable  by  imprisonment  in  the  state 
prison  not  exceeding  three  years,  or  in  the  county  jail 
not  exceeding  one  year,  and  a  fine  not  exceeding  five  hun- 
dred  dollars.     En.   February   14,   1872. 

Cal.  Eep.  Cit.     81,  212;   81,  213. 

See  ante,  sec.  594  j  post,  sec.  597. 

§  597.  Killing,  maiming,  torturing,  etc.,  animals.  Every 
person  who  maliciously  kills,  maims,  or  wounds  an  animal, 
the  property  of  another,  or  who  overdrives,  overloads,  drives 
when  overloaded,  overworks,  tortures,  torments,  deprives  of 
necessary  sustenance,  drink  or  shelter,  cruelly  beats,  muti- 
lates, or  cruelly  kills  any  animal,  or  causes  or  procures  any 
animal  to  be  so  overdriven,  overloaded,  driven  when  over- 
loaded, overworked,  tortured,  tormented,  deprived  of  neces- 
sary sustenance,  drink  or  shelter,  or  to  be  cruelly  beaten, 
mutilated  or  cruelly  killed;  and  whoever,  having  the  charge 
or  custody  of  any  animal,  either  as  owner  or  otherwise, 
subjects  any  animal  to  needless  suffering,  or  inflicts  unnec- 
essary cruelty  upon  the  same,  or  in  any  manner  abuses  any 
animal,  or  fails  to  provide  the  same  with  proper  food,  drink, 
shelter  or  protection  from  the  weather,  or  who  cruelly  drives, 


§§  597a-597c  MALICIOUS    MISCHl  CF.  2:^4 

rides  or  otherwise  uses  the  same  when  unfit  for  labor,  is 
for  every  such  offense,  guilty  of  a  misdemeanor.  En.  Feb- 
ruary 14,  1872.     Am'd.  1905,  678. 

The  amendment  consolidates  the  present  section  597  with  section  6 
of  the  statute  of  1S73-4.  page  499,  as  amended  1901,  page  2S5,  for  the 
more  effectual  prevention  of  cruelty  to  animals.— Code  Commissio.i- 
er's  Note. 

Cal.  Eep.  Cit.     134,  501. 

Act  to  prevent  cruelty  to  animals:  See  post.  Appendix, 
title  Animals. 

§  597a.  Unnecessary  torture,  suffering  or  cruelty.  Who- 
ever carries  or  causes  to  be  carried  in  or  upon  any  vehicle 
or  otherwise  any  domestic  animal  in  a  cruel  or  inhuman 
manner,  or  knowingly  and  willfully  authorizes  or  permits 
it  to  be  subjected  to  unnecessary  torture,  suffering,  or  cruelty 
of  any  kind,  is  guilty  of  a  misdemeanor;  and  whenever  any 
such  person  is  taken  into  custody  therefor  by  any  oflScer, 
such  officer  must  take  charge  of  such  vehicle  and  its  con- 
tents, together  with  the  horse  or  team  attached  to  such 
vehicle,  and  deposit  the  same  in  some  place  of  custody;  and 
any  necessary  expense  incurred  for  taking  care  of  and  keep- 
ing the  same,  is  a  lien  thereon,  to  be  paid  before  the  same 
can  be  lawfully  recovered;  and  if  such  expense,  or  any  part 
thereof,  remains  unpaid,  it  may  be  recovered,  by  the  person 
incurring  the  same,  of  the  owner  of  such  domestic  animal, 
in  an  action  therefor.     En.  Stats.  1905,  679. 

.597a,  597b,  597c,  597d,  597e,  597f.  These  sections  are  a  codification  ot 
sections  7,  8,  9,  11.  12,  and,  13  of  the  last-named  statute,  as  amended 
1901,    page    28-il.— Code    Commissioner's    Note. 

§  597b.  Fighting  animals.  Any  person  who  causes  any 
bull,  bear,  cock,  dog,  or  other  animal  to  fight  for  his  amuse- 
ment or  for  gain,  or  to  worry  or  injure  each  other;  and 
any  person  who  permits  the  same  to  be  done  on  any  prem- 
ises under  his  charge  or  control;  and  any  person  who  aids, 
abets,  or  is  present  at  such  fighting  or  worrying  of  such 
animal,  as  a  spectator,  is  guilty  of  a  misdemeanor.  En. 
Stats.  190.5,  679. 

See  note  to  §  597a,  ante. 

§  597c.     Training  for  fighting,  or  toeing  present  at  fight. 

Whoever  owns,  possesses,  keeps,  or  trains  any  bird  or  ani- 
mal, with  the  intent  that  such  bird  or  animal  shall  be  en- 
gaged in  an  exhibition  of  fighting,  or  is  present  at  any 
place,  building,  or  tenement,  where  preparations  are  being 
made  for  an  exhibition  of  the  fighting  of  birds  or  animals, 


597a  (new).  It  shall  be  unlawful  for  any  person  or 
Dersons  to  dock  the  tail  of  any  horse,  within  the  State  of 
California,  or  to  procure  the  same  to  be  done,  or  to  import 
)r  bring  into  this  state,  any  docked  horse,  or  horses,  or  to 
mve,  work,  use,  race  or  deal  in  any  unregistered  docked 
lorses,  or  horses. within  the  State  of  California  except  as  pro- 
vided in  section  five  hundred  and  ninety-seven  d  of  this  code. 
In  effect  60  days  from  and  after  March  15,  1907.) 


597b  (new).  Within  thirty  days  after  the  passage  of  this 
act,  every  owner,  or  user  of  any  docked  horse,  within  the 
State  of  California,  shall  register  his  or  her  docked  horse, 
or  horses  by  filing  in  the  office  of  the  county  clerk  of  the 
county  in  which  such  docked  horse,  or  horses,  may  then 
be  kept,  a  certificate,  which  certificate  shall  contain  the 
name,  or  names  of  the  owner,  together  with  his  or  her 
postofRce  address,  a  full  description  of  the  color,  age,  size 
and  the  use  made  of  such  docked  horse,  or  horses;  which 
certificate  shall  be  signed  by  the  owner,  or  his,  or  her  agent. 
The  county  clerk  shall  number  such  certificate  consecutively 
and  record  the  name  in  a  book,  or  register  to  be  kept  for 
that  purpose  only;  and  shall  receive  as  a  fee  for  recording 
of  such  certificate,  the  sum  of  fifty  cents,  and  the  clerk 
shall  thereupon  issue  to  such  person  so  registering  such 
horse  or  horses  a  certificate  containing  the  facts  recited  in 
this  section  which  upon  demand  shall  be  exhibited  to  any 
peace  officer,  and  the  same  shall  be  conclusive  evidence  of 
a  compliance  with  the  provisions  of  section  597a  of  this  code. 
(In  effect  60  days  from  and  after  March   15,   1907.) 

I 


597c  (new).  The  driving,  working,  Iteeping,  racing  or 
ising  of  any  unregistered  docked  horse,  or  horses,  after 
lixty  days  after  tlie  passage  of  this  act,  shall  be  deemed 
)rima  facie  evidence  of  the  fact  that  the  party  driving, 
working,  keeping,  racing  or  using  such  unregistered,  docked 
lorse,  or  horses,  docked  the  tail  of  such  horse  or  horses. 
In  effect  60  days  from  and  after  March   15,  1907.) 

597d  (new).  Any  person  or  persons  violating  any  of  the 
irovisions  of  this  act,  shall  be  deemed  guilty  of  a  mis- 
emeanor;  provided,  however,  that  the  provisions  of  sections 
97a,  597b  and  597c,  shall  not  be  applied  to  persons  owning 
r  possessing  any  docked  pure-bred  stallions  and  mares  im- 
orted  from  foreign  countries  for  breeding  or  exhibition 
urposes  only,  as  provided  by  an  act  of  congress  entitled  "An 
ct  regulating  the  importation  of  breeding  animals"  and 
pproved  March  3.  1903,  and  to  docked  native  bred  stallions 
nd  mares  brought  into  this  state  and  used  for 
reeding  or  exhibition  purposes  only;  and  provided  further, 
lat  a  description  of  each  such  animal  so  brought  into  the 
tate,  together  with  the  date  of  importation  and  name  and 
ddress  of  importer,  be  filed  with  the  county  clerk  of  the 
aunty  where  such  animal  is  kept,  within  thirty  days  after 
le  importation  of  such  animal.  (In  effect  60  days  from  and 
fter  March  15,   1907.) 


597b.  Any  person  who,  for  amusement  or  gain,  causes 
r  bull,  bear,  cock,  dog,  or  other  animal  to  fight  with  like 
d  or  different  kind  of  animal  or  creature,  or  with  any 
nan  being;  or  who,  for  amusement  or  gain,  worries  or 
ares  any  such  bull,  bear,  cock,  dog  or  other  animal,  or 
ises  any  such  bull,  bear,  cock,  dog  or  other  animal  to 
rry  or  injure  each  other;  and  any  person  who  permits 
:  same  to  be  done  on  any  premises  under  his  charge 
control;  and  any  person  who  aids,  abets,  or  is  present 
such  fighting  or  worrying  of  such  animal  or  creature, 
a  spectator,  is  guilty  of  a  misdemeanor.  (In  effect  60 
^s  from  and  after  March  21,   1907.) 


223  MALICIOUS    MISCHIEF.  §§  597d-597£ 

■vvitli  the  intent  to  be  i^resent  at  such  exhibition,  or  is  jsres- 
ent  at  such  exhibition,  is  guiltv  of  a  misdemeanor.  En. 
Stats.  1905,  680. 

See  note  to   §  597a,  ante. 

§  597d.  Arrests  v/ithout  warrants.  Any  sheriff,  con- 
stable, police,  or  peace  officer,  or  officer  qualified  as  provided, 
in  section  six  hundred  and  seven  f  of  the  Civil  Code,  may 
enter  any  place,  building,  or  tenement,  where  there  is  an 
exhibition  of  the  fighting  of  birds  or  animals,  or  where  prep- 
arations are  being  made  for  such  an  exhibition,  and,  with- 
out a  warrant,  arrest  all  persons  there  present.  En.  Stats. 
1905,  680. 

See  note  to  §  597a,  ante. 

§  597e.  Impounding,  without  food  or  water.  Any  person 
who  impounds,  or  causes  to  be  impounded  in  any  pound, 
any  domestic  animal,  must  supply  the  same  during  such  con- 
finement with  a  sufficient  quantity  of  good  and  wholesome 
food  and  water,  and  in  default  thereof,  is  guilty  of  a  mis- 
demeanor. In  case  any  domestic  animal  is  at  any  time  im- 
pounded, as  aforesaid,  and  continues  to  be  without  neces- 
sary food  and  water  for  more  than  twelve  consecutive  hours, 
it  is  lawful  for  any  person,  from  time  to  time,  as  may  be 
deemed  necessary,  to  enter  into  and  upon  any  pound  in 
which  any  such  domestic  animal  is  confined,  and  supply  it 
with  necessary  food  and  water  so  long  as  it  remains  so  con- 
fined. Such  person  is  not  liable  to  any  action  for  such  en- 
try, and  the  reasonable  cost  of  such  food  and  water  may 
be  collected  by  him  of  the  owner  of  such  animal,  and  such 
animal  is  not  exempt  from  levy  and  sale  upon  execution 
issued  upon  a  judgment  therefor.     En.  Stats.  1905,  680. 

See  note   to   §   597a,   ante. 

§  597f.  Permitting  animals  to  go  without  care.  Every 
owner,  driver,  or  possessor  of  any  animal,  who  shall  per- 
mit the  same  to  be  in  any  building,  inclosure,  lane,  street, 
square,  or  lot,  of  any  city,  city  and  county,  or  township, 
without  proper  care  and  attention,  shall,  on  conviction,  be 
deemed  guilty  of  a  misdemeanor.  And  it  shall  be  the  duty 
of  any  peace  officer,  or  officer  of  the  humane  society,  to 
take  possession  of  the  animal  so  abandoned  or  neglected 
and  care  for  the  same  until  it  is  redeemed  by  the  owner  or 
claimant,  and  the  cost  of  caring  for  such  animal  shall  be  a 
lien  on  the  same  until  the  charges  are  paid.  Every  sick, 
disabled,  infirm,  or  crippled  animal  which  shall  be  aban- 
Pen.  Code — 15 


§§  597g-o98a  MALICIOUS    MISCHIEF.  226 

cloned  in  any  city,  city  and  county,  or  township,  may,  if 
after  due  search  no  owner  can  be  found  therefor,  be  killed 
by  such  officer;  and  it  shall  be  the  duty  of  all  peace  officers, 
or  an  officer  of  said  society,  to  cause  the  same  to  be  killed 
on  information  of  such  abandonment.  Such  officer  may 
likewise  take  charge  of  any  animal  that  by  reason  of  lame- 
ness, sickness,  feebleness,  or  neglect,  is  unfit  for  the  labor 
it  is  performing,  or  that  in  any  other  manner  is  being 
cruelly  treated;  and,  if  such  animal  is  not  then  in  the  cus- 
tody of  its  owner,  such  officer  shall  give  notice  thereof  to 
such  owner,  if  known,  and  may  provide  suitable  care  for 
such  animal  until  it  is  deemed  to  be  in  a  suitable  condition 
to  be  delivered  to  such  owner,  and  any  necessary  expenses 
which  may  be  incurred  for  taking  care  of  and  keeping  the 
same  shall  be  a  lien  thereon,  to  be  paid  before  the  same  can 
be  lawfully  recovered.  En.  Stats.  1905,  680. 
See  note   to   §   597a,   ante. 

§  597g.  Keepers  of  stallions,  etc.  Every  person  who  lets 
to  mares  or  jennies  any  stallion  or  jack  within  the  limits 
of  any  city,  town,  or  village,  or  within  four  hundred  yards 
thereof,  except  in  an  inclosure  sufficient  to  obstruct  the  view 
of  all  the  inhabitants  within  such  limits,  and  every  person 
in  charge  of  any  stallion,  bull,  boar,  ram,  or  buck  goat  who 
turns  out  or  permits  such  animal  to  be  turned  out  or  run 
at  large  in  any  county,  is  guilty  of  a  misdemeanor  and  pun- 
ishable by  a  fine  of  not  less  than  five  or  more  than  twenty 
dollars,  or  by  imprisonment  in  the  county  jail  not  less  than 
thirtv  davs  or  by  both  such  fine  and  imprisonment.  En. 
Stats.  1905,  678. 

The  statute  of  1873-4,  page  228,  to  prevent  stallions  running  at  large, 
and  of  1SS7-S,  page  4'37,  respecting  buck  goats,  and  of  1871-2,  page  fi'i, 
to  provide  for  the  keeping  of  stallions,  are  codified  in  this  section, 
and  makes  the  law  concerning  the  running  at  large  of  stallions  in 
Sacramento  ami  Mono  counties,  by  extending  its  provisions,  appli- 
cable to  the  state   at  large.— Code  Commissioner's  Note. 

§  598.  Killing,  etc.,  birds  in  cemeteries.  Every  person 
who,  within  any  public  cemetery  or  burying-ground,  kills, 
wounds,  or  traps  any  bird,  or  destroys  any  bird's  nest 
other  than  swallows '  nests,  or  removes  any  eggs  or  young 
birds  from  any  nest,  is  guilty  of  a  misdemeanor.  En.  Feb- 
ruary 14,  1872. 

For  acts  protecting  mocking-birds,  blue  cranes,  and  also 
protecting  gulls  near  Santa  Monica,  see  post,  Appendix, 
title  Game  Laws. 

§  598a.  Killing  or  detaining  homing  pigeons.  Everj-  per- 
son, other  than  the  owner  thereof,  who  shoots,  maims,  kills, 


599.     (As  approved  March  18,  1905)  repealed. 


227  MALICIOUS    MISCHIEF.  §§  599-5bSa 

or  detains  any  Antwerp,  messenger,  or  homing  pigeon  is 
guilty  of  a  misdemeanor  and  punisliable  by  a  fine  of  not  less 
than  ten  nor  more  than  twenty-five  dollars,  or  by  imprison- 
ment in  the  county  jail  not  exceeding  fifty  days.  En.  Stats. 
1905,  6S7. 

This  is  a  codiflcatlon  of  the  statute  of  1897,  page  37,  for  the  protection 
of  Antwerp  messenger  or  homing  pigeons. — Code   Commissioner's  Note. 

§  599.  Killing  gulls  or  cranes;  destroying  nests  or  eggs. 
Every  person  who  willfully  and  knowingly  kills  or  destroys 
any  of  that  species  of  sea  bird  known  as  gulls,  or  who  will-  . 
fully  and  knowingly  shoots,  wounds,  traps,  snares,  or  in  any 
other  manner  catches  or  captures  any  white  or  blue  crane, 
or  who  knowingly  takes,  injures,  or  destroys  the  nest  of 
any  white  or  blue  crane,  or  takes,  injures,  or  destroys  the 
eggs  of  any  such  crane  in  the  nest  or  otherwise,  is  guilty 
of  a  misdemeanor  and  punishable  by  a  fine  of  not  less  than 
five  nor  more  than  one  hundred  dollars,  or  by  imprisonment 
of  not  less  than  five  nor  more  than  one  hundred  days,  or 
by  both  such  fine  and  imprisonment.  En.  February  14,  1872. 
Rep.  1880,  5.     Stats.  1905,  687. 

The  statute  of  1875-6,  page  287,  to  protect  sea-gulls  in  the  neighborhood 
of  Santa  Monica,  and  the  statute  of  1889,  page  205,  to  prevent  the 
destruction  of  blue  cranes,  are  codified  in  this  section. — Code  Commis- 
sioner's   Note. 

At    the    same    session    of    the    legislature    there    was    adopted    another 
§    599  as  follows: 

§  599.     Elk,  killing  of  a  felony.     Every  person  who  will- 

ully  kills  any  elk  within  this  state  is  guilty  of  a  felony  and 

punishable  bj'  imprisonment  in  the  state  prison  for  a  term 

not  exceeding  two  years.     En.  February  14,  1872.     Rep.  1880, 

5.     En.  Stats.   1905,  218. 

§  599a.  Prosecutions.  When  complaint  is  made,  on  oath, 
to  any  magistrate  authorized  to  issue  warrants  in  criminal 
cases,  that  the  complainant  believes  that  any  provision  of  law 
relating  to,  or  in  any  way  affecting,  dumb  animals  or  birds, 
is  being,  or  is  about  to  bo  violated  in  any  particular  build- 
ing or  place,  such  magistrate  must  issue  and  deliver  imme- 
diately a  warrant  directed  to  any  sheriff,  constable,  police 
or  peace  officer,  or  otiicer  of  any  incorporated  association 
qualified  as  jjrovided  by  law,  authorizing  him  to  enter 
and  search  such  building  or  place,  and  to  arrest  any  person 
there  present  violating,  or  attempting  to  violate,  any  law 
relating  to,  or  in  any  way  affecting,  dumb  animals  or  birds, 
and  to  bring  such   person  before   some  court   or   magistrate 


§§  599b-599d  MALICIOUS    MISCHIEF.  228 

of  competent  jurisdiction,  within  the  city,  city  and  county, 
or  township  within  which  such  offense  has  been  committed  or 
attempted,  to  be  dealt  with  according  to  law,  and  such  at- 
tempt must  be  held  to  be  a  violation  of  section  five  hundred 
and  ninety-seven.     En.  Stats.  1905,  681. 

This  section  is  a  codification  of  section  10  of  the  statute  of  1S73-4,  page 
499,  as  amended  1901,  page  285,  for  the  prevention  of  cruelty  to  ani- 
mals.— Code  Commissioner's  Note. 

§  599b.  Words  defined.  In  this  title  the  word  "animal" 
includes  every  dumb  creature;  the  words  "torment,"  "tor- 
ture," and  "cruelty"  include  every  act,  pmission,  or  neg- 
lect whereby  unnecessary  or  unjustifiable  physical  pain  or 
suffering  is  caused  or  permitted;  and  the  words  "owner" 
and  "person"  include  corporations  as  well  as  individuals; 
and  the  knowledge  and  acts  of  any  agent  of,  or  person  em- 
ployed by,  a  corporation  in  regard  to  animals  transported, 
ov/ned,  or  employed  by,  or  in  the  custody  of,  such  corpora- 
tion, must  be  held  to  be  the  act  and  knowledge  of  such  cor- 
poration as  well  as  such  agent  or  employe.  En.  Stats.  1905, 
681. 

59Sb,  509c.  Sections  16  and  17  of  the  statute  of  1S73-4,  page  499,  for 
the  more  effectual  prevention  of  cruelty  to  animals,  are  codified  m 
the   above   sections.— Code   Commissioner's   Note. 

§  599c.  Not  to  interfere  with  game  laws.  No  part  of 
this  title  shall  be  construed  as  interfering  with  any  of  tlie 
laws  of  this  state  known  as  the  "game  laws,"  or  any  laws 
for  or  against  the  destruction  of  certain  birds,  nor  must 
this  title  be  construed  as  interfering  with  the  right  to  de- 
stroy any  venomous  reptile,  or  any  animal  known  as  dan- 
gerous to  life,  limb,  or  property,  or  to  interfere  with  the 
right  to'kill  all  animals  used  for  food,  or  with  properly  con- 
ducted scientific  experiments  or  investigations  performed 
under  the  authority  of  the  faculty  of  a  regularly  incorporated 
medical  college  or  university  of  this  state.  En.  Stats.  1905, 
681. 

See  note  to  §  599b,  ante. 

§  599d.  Docking  of  tails.  Whoever  shall  cut  the  solid 
part  of  the  tail  of  any  horse  in  the  operation  known  as 
"docking,"  or  in  any  other  operation  performed  for  the 
purpose  of  shortening  the  tail,  and  whoever  shall  cause  the 
same  to  be  done,  or  assist  in  doing  such  cutting,  is  guilty 
of  a  misdemeanor.     En.  Stats.  1905,  681. 

599d,  599e.  Codifying  the  statute  of  1901,  page  2S7.— Code  Commission- 
er's Note. 


599f  (new).  Every  person  who  willfully  kills  any  elk 
within  this  state  is  guilty  of  a  felony  and  punishable  by 
imprisonment  in  the  state  prison  for  a  term  not  exceeding 
two  years.     (In  effect  60  days  from  and  after  March  19,  1907.) 


229  MALICIOUS    MISCHIEF.  §§  599e-601 

§  599e.  Animals  to  l3e  killed  when  unfit  for  work.  Every 
animal  which  is  unfit,  by  reason  of  its  physical  condition, 
for  the  purpose  for  which  such  animals  are  usually  em- 
ployed, and  when  there  is  rto  reasonable  probability  of  such 
animal  ever  becoming  fit  for  the  purpose  for  which  it  is 
usually  employed,  shall  be  by  the  owner  or  lawful  possessor 
of  the  same,  deprived  of  life  within  twelve  hours  after  being 
notified  by  any  peace  officer,  or  officer  of  said  society,  to  kill 
the  same,  and  such  owner,  possessor,  or  person  omitting  or 
refusing  to  comply  with  the  provisions  of  this  section  shall, 
upon  conviction,  be  deemed  guilty  of  a  misdemeanor,  and 
after  such  conviction  the  court  or  magistrate  having  juris- 
diction of  such  offense  shall  order  any  peace  officer,  or  officer 
of  said  society,  to  immediately  kill  such  animal;  provided, 
that  this  shall  not  apply  to  such  owner  keeping  any  old  or 
diseased  animal  belonging  to  him  on  his  own  premises  with 
proper  care.     En.  Stats.  1905,  681. 

See  note  to  §  599d,  ante. 

§  600.    Burning  structures,  etc.,  not  the  subject  of  arson. 

Every  person  who  willfully  and  maliciously  burns  any 
bridge  exceeding  in  value  fifty  dollars,  or  any  structure, 
snowshed,  vessel,  or  boat,  not  the  subject  of  arson,  or  any 
tent,  or  any  stack  of  hay  or  grain  or  straw  of  any  kind,  or 
any  pile  of  baled  hay  or  straw,  or  any  pile  of  potatoes,  or 
beans,  or  vegetables,  or  produce,  or  fruit  of  any  kind, 
whether  sacked,  boxed,  crated,  or  not,  or  any  growing  or 
standing  grain,  grass,  or  tree,  or  any  fence,  or  any  railroad- 
car,  lumber,  cord-wood,  railroad  ties,  telegraph  or  telephone 
poles,  or  shakes,  or  any  tule  land  or  peat  ground  of  the 
value  of  twenty-five  dollars  or  over,  not  the  property  of  such 
person,  is  punishable  by  imprisonment  in  the  state  prison 
for  not  less  than  one  year,  nor  more  than  ten  years.  En. 
February  14,  1872.  Am'd.  1901,  268;  1905,  711. 
The  change  consists  in  the  insertion  of  the  words  "or  telephone,"  be- 
fore   "poles."— Code   Commissioner's   Note. 

§  601.  Using  explosives  in  destroying  or  injuring  build- 
ings, etc.  Any  person  who  maliciously  deposits  or  explodes, 
or  who  attempts  to  explode,  at,  in,  under,  or  near  any  build- 
ing, vessel,  boat,  railroad,  tramroad,  or  cable  road,  or  any 
train,  or  car,  or  any  depot,  stable,  car  house,  theatre,  school 
house,  church,  dwelling-house,  or  other  place  where  human 
beings  usually  inhabit,  assemble,  frequent,  or  pass  and  re- 
pass, any  dynamite,  nitro-glyccrinc,  vigorite,  giant  or  her- 
cules    powder,   gunpowder,   or    other   chemical    compound    or 


§  602  MALICIOUS    MISCHIEF.  230 

explosive,  with  the  intent  to  injure  or  destroy  such  building, 
vessel,  boat,  or  other  structure,  or  with  the  intent  to  in- 
jure, intimidate,  or  terrify  any  human  being,  or  by  means  of 
which  any  human  being  is  injufed  or  endangered,  is  guilty 
of  a  felony,  and  punishable  by  imprisonment  in  the  state 
prison  not  less  than  one  year.  En.  February  14,  1872. 
Am'd.  1905,  687. 

The  present  section  601  is  amended  to  conform  it  to  section  8  of  the 
statute  of  1887,  jjage  110,  to  protect  life  and  property  against  the  care- 
less and  malicious  use  or  handling  of  dynamite  and  other  explosives. 
—Code   Commissioner's   Note. 

§  602.  Malicious  injury  to  freehold.  Every  person  who 
willfully  commits  any  trespass  by  either: 

1.  Cutting  down,  destroying,  or  injuring  any  kind  of 
wood  or  timber,  standing  or  growing  upon  the  lands  of  an- 
other; 

2.  Carrying  away  any  kind  of  wood  or  timber  lying  on 
such  lands; 

3.  Maliciously  injuring  or  severing  from  the  freehold  of 
another  anything  attached  thereto,  or  the  produce  thereof; 

4.  Digging,  taking,  or  carrying  away  from  any  lot  situ- 
ated within  the  limits  of  any  incorporated  city,  without  the 
license  of  the  owner  or  legal  occupant  thereof,  any  earth, 
soil,  or  stone; 

5.  Digging,  taking,  or  carrying  away  from  land  in  any 
city  or  town,  laid  down  on  the  map  or  plan  of  such  city,  or 
otherwise  recognized  or  established  as  a  street,  alley,  avenue, 
or  park,  without  the  license  of  the  proper  authorities,  any 
earth,  soil    or  stone; 

6.  Putting  up,  affixing,  fastening,  printing,  or  painting 
upon  any  property  belonging  to  the  state,  or  to  any  city, 
county,  town,  or  village,  or  dedicated  to  the  public,  or 
upon  any  property  of  any  person,  without  license  from  the 
owner,  any  notice,  advertisement,  or  designation  of,  or  any 
name  for  any  commodity,  whether  for  sale  or  otherwise, 
or  any  picture,  sign,  or  device  intended  to  call  attention 
thereto; 

7.  Entering  upon  any  lands  owned  by  any  other  person 
whereon  oysters  or  other  shellfish  are  planted  or  growing; 
or  injuring,  gathering,  or  carrying  away  any  oysters  or 
other  shellfish  planted,  growing,  or  being  on  any  such  lands, 
whether  covered  by  water  or  not,  without  the  license  of  the 
owner  or  legal  occupant  thereof;  or  destroying  or  removing, 
or  causing  to  be  removed  or  destroyed,  any  stakes,  marks, 
fences,  or  signs  intended  to  designate  the  boundarieg  and 
limits  of  any  such  lands; 


231  MALICIOUS    MISCHIEF.  §§  603-605 

8.  Willfully  opening,  tearing  down,  or  otherwise  destroy- 
ing any  fence  on  the  inclosed  land  of  another,  or  opening 
any  gate,  bar,  or  fence  of  another  and  willfully  leaving  it 
open  without  the  permission  of  the  owner,  or  maliciously 
tearing  down,  mutilating,  or  destroying  any  sign,  signboard, 
or  other  notice  forbidding  shooting  on  private  property;  or 

9.  Entering  any  inclosure  belonging  to,  or  occupied  by, 
another  for  the  purpose  of  hunting,  shooting,  killing,  or 
destroying  any  kind  of  game  within  such  inclosure,  without 
having  first  obtained  permission  from  the  owner  of  such  in- 
closure; 

Is  guilty  of  a  misdemeanor.  En.  February  14,  1872. 
Am'd.    1873-4,   434;    1877-8,   118;    1905,   688. 

The  change  consists  in  the  addition  of  the  eighth  and  ninth  subdivi- 
sions. The  eighth  subdivision  is  a  codification  of  the  statute  of  1871- 
2,  page  384,  and  the  ninth  is  a  cffdification  of  part  of  section  3  ol 
the  statute  of  1875-6.  page  408,  to  prevent  hunting  upon  enclosed  lands. 
—Code   Commissioner's   Note. 

Cal.  Rep.  Cit.     112,  204. 

Act  to  prevent  persons  passing  through  inclosure:  See 
post.   Appendix,   title   Fences   and  Inclosures. 

Acts  to  prevent  leaving  open  of  inclosures:  See  post, 
Appendix,   title  Fences  and  Inclosures. 

Act  to  prevent  hunting  on  inclosed  lands:  See  post, 
Appendix,   title  Fences  and  Inclosures. 

Act  to  protect  Big  Tree  groves:  See  post,  Appendix,  title 
Growing  Trees. 

§  603.  Limitation  upon  the  operations  of  the  preceding 
section.     En.  February  14,   1872.     Rep.   1905,  689. 

The  section  as  it  now  stands  declares  that  certain  injuries  to  trees 
on  the  lands  of  the  United  States,  including  the  cutting  of  them,  do 
not  constitute  public  offenses.  This  is  a  proper  subject  for  regula- 
tion by  the  United  States,  and  it  is  obviously  Improper  for  the  state 
to  undertake  to  legalize  trespasses  upon,  or  injuries  to,  the  public 
lands   of   the   federal   government.— Code    Commissioner's    Note. 

§  604.  Injuries  to  standing  crops,  etc.  Every  person 
who  maliciously  injures  or  destroys  any  standing  crops, 
grain,  cultivated  fruits  or  vegetables,  the  property  of  an- 
other, in  any  case  for  which  a  punishment  is  not  otherwise 
prescribed  by  this  code,  is  guilty  of  a  misdemeanor.  En. 
February   14,   1872. 

§  605.  Eemoving,  defacing,  or  altering  landmarks. 
Every  person  who  either — 

1.  Maliciously  removes  any  monument  erected  for  the 
purpose   of   designating  any  point   in   the  boundary  of  any 


§§  606,  607  MALICIOUS    MISCHIEF.  232 

lot  or  tract  of  land,  or  a  place  where   a   subaqueous  tele- 
graph cable  lies;   or, 

2.  Maliciously  defaces  or  alters  the  marks  upon  any  such 
monument;  or, 

3.  Maliciously  cuts  down  or  removes  any  tree  upon  which 
any  such  marks  have  been  made  for  such  purpose,  with 
intent   to  destroy  such  marks; 

— is  guilty  of  a   misdemeanor.     En.  February  14,   1872. 

§  606.  Destroying  or  injuring  jails.  Every  person  who 
willfully  and  intentionally  breaks  down,  pulls  down,  or 
otherwise  destroys  or  injures  any  public  jail  or  other  place 
of  confinement,  is  punishable  by  fine  not  exceeding  ten  thou- 
sand dollars,  and  by  imprisonment  in  the  state  prison  not 
exceeding  five  years.     En.  February  14,  1872. 

Cal.   Eep.   Cit.     68,  435;   139,  212;   139,  21.3. 

§  607.  Destroying  or  injuring  bridges,  dams,  etc.  Every 
person  who  willfully  and  maliciously  cuts,  breaks,  injures, 
or  destroys  any  bridge,  dam,  canal,  flume,  aqueduct,  levee, 
embankment,  reservoir,  or  other  structure  erected  to  cre- 
ate hydraulic  power,  or  to  drain  or  reclaim  any  swamp 
and  overflowed  tide  or  marsh  land,  or  to  store  or  conduct 
water  for  mining,  manufacturing,  reclamation,  or  agricul- 
tural purposes,  or  for  the  supply  of  the  inhabitants  of 
any  city  or  town,  or  any  embankment  necessary  to  the 
same,  or  either  of  them,  or  willfully  or  malicioush^  makes, 
or  causes  to  be  made,  any  aperture  in  such  dam,  canal, 
flume,  aqueduct,  reservoir,  embankment,  levee,  or  struc- 
ture, with  intent  to  injure  or  destroy  the  same;  or  draws 
up,  cuts,  or  injures  any  piles  fixed  in  the  ground  for  the 
purpose  of  securing  any  sea-bank,  or  seawalls,  or  any 
(lock,  quay,  or  jetty,  lock,  or  seawall;  or  who,  between  the 
first  day  of  October  and  the  fifteenth  day  of  April  of  each 
year,  plows  up  or  loosens  the  soil  in  the  bed  or  on  the 
sides  of  any  natural  watercourse  or  channel,  without  re- 
moving such  soil  within  twenty-four  hours  from  such 
watercourse  or  channel;  or  who,  between  the  fifteenth  day 
of  April  and  the  first  day  of  October  of  each  year,  shall 
plow  up  or  loosen  the  soil  in  the  bed -or  on  the  sides  of 
such  natural  watercourse  or  channel,  and  shall  not  remove 
therefrom  the  soil  so  plowed  up  or  loosened  before  the  first 
day  of  October  next  thereafter,  is  guilty  of  a  misdemeanor, 
and  upon  conviction,  punishable  by  a  fine  not  less  than  one 
hundred  dollars  and  not  exceeding  one  thousand  dollars,  or 
by  imprisonment  in  the  county  jail  not  exceeding  two  years. 


608.  Every  person  who  wilfully  and  maliciously  burns, 
iures,   or  destroys  any  pile  or  raft  of  wood,   plank,   boards, 

other  lumber,  or  any  part  thereof,  or  cuts  loose  or  sets 
rift  any  such  raft  or  part  thereof,  the  property  of  another, 

guilty  of  a  misdemeanor.  (In  effect  60  days  from  and 
ter  March  22,  1907.) 

608a  (new).  Every  person  who  wilfully  and  maliciously 
ts,  breaks,  injures,  sinks,  or  sets  adrift  any  vessel  of 
IS   than   ten   gross   tons,    the  property  of  another,   is  guilty 

a  misdemeanor.     (In  effect  60  days  from  and  after  March 

1907.) 

608b  (new).  Every  person  who  wilfully  and  maliciously 
ts,  breaks,  or  injures  any  vessel  of  ten  gross  tons  and 
wards,  the  property  of  another,  is  guilty  of  a  mlsde- 
ianor.     (In  effect  60  days  from  and  after  March  22,   1907.) 

608c  (new).  Every  person  who  wilfully  and  maliciously 
iks  or  sets  adrift  any  vessel  of  ten  gross  tons  and  up- 
irds,  the  property  of  another,  is  guilty  of  a  felony.  (In 
:ect  60  days  from  and  after  March  22,   1907.) 


233  MALICIOUS    MISCHIEF.  §§  60S-612 

or  by  both;  provided,  that  nothing  in  this  section  shall  be 
construed  so  as  to  in  any  manner  prohibit  any  person  from 
digging  or  removing  soil  from  any  such  watercourse  or 
tl:aiinel,  for  the  purpose  of  mining.  En.  February  14,  1872. 
Am'd.  1880,  36. 

§  608.    Burning  or  injuring  rafts.     Setting  adrift  vessels. 

Every  person  who  willfully  and  maliciously  burns,  injures, 
or  destroys  any  pile  or  raft  of  wood,  plank,  boards,  or  other 
lumber,  or  any  part  thereof,  or  cuts  loose  or  sets  adrift  any 
such  raft  or  part  thereof,  or  cuts,  breaks,  injures,  sinks,  or 
sets  adrift  any  vessel,  the  property  of  another,  is  punish- 
able by  a  fine  not  exceeding  five  hundred  dollars,  or  by 
imprisonment  in  the  county  jail  not  exceeding  six  months. 
En.  February  14,  1872. 

Cal.   Eep.   Cit.   57,   105. 

Act  to  ijrotect  lumber  manufacturers:  See  post.  Appendix, 
title   Lumber  Manufacturers. 

§  609.  Damages,  etc., .  to  buoy  or  beacon.  Any  person 
who  willfully  removes,  damages,  or  destroys  any  buoy  or 
beacon  placed  in  any  waters  within  this  state  by  lawful 
authority,  is  guilty  of  a  misdemeanor.  En.  February  14, 
1872.     Am'd.  1905,  689. 

The  amendment  incorporates  the  provisions  of  the  statute  of  1873-4, 
page  619,  for  the  protection  of  buoys  and  beacons. — Code  Commission- 
er's  Note. 

§  610.  Masking  or  removing  signals,  or  exhibiting  false 
lights.  Every  person  who  unlawfully  masks,  alters,  or 
removes  any  light  or  signal,  or  willfully  exhibits  any  light 
or  signal,  with  intent  to  bring  any  vessel  into  danger,  is 
punishable  by  imprisonment  in  the  state  prison  not  less 
than  three  nor  more  than  ten  years.  En.  February  14, 
1872. 

§  611.  Obstructing  navigable  streams.  Every  person 
who  unlawfully  obstructs  the  navigation  of  any  navigable 
stream,  is  guilty  of  a  misdemeanor.     En.  February  14,  1872. 

§  612.  Depositing  sawdust,  etc.,  in  Humboldt "  Bay. 
Every  person  who  throws,  deposits,  or  permits  another  in 
his  employ  to  throw  or  deposit,  any  sawdust,  slabs  or  refuse 
lumber,  in  any  place  where  it  may  be  carried  or  fall  into 
the  waters  of  Ilumboldt  Bay,  without  first  having  con- 
structed  piers,   bulkheads,   dams,  or  other   contrivances,   ap- 


§§  613-G17  MALICIOUS   MISCHIEF.  234 

proved  by  the  board  of  supervisors  of  Humboldt  County, 
to  prevent  the  same  from  escaping  into  the  channels  of  such 
bay,  is  guilty  of  a  misdemeanor.     En.  February  14,  1872. 

§  613.  Throwing  overboard  ballast,  or  obstructing  navi- 
gation. Every  person  who,  within  the  anchorage  of  any 
port,  harbor,  or  cove  of  this  state,  into  which  vessels  may 
enter  for  the  purpose  of  receiving  or  discharging  cargo, 
throws  overboard  from  any  vessel  the  ballast  or  any  part 
thereof,  or  who  otherwise  places  or  causes  to  be  placed  in 
such  port,  harbor,  or  cove,  any  obstructions  to  the  naviga- 
tion thereof,  is  guilty  of  a  misdemeanor.  En.  February 
14,    1872. 

§  614.  Mooring  vessels  to  buoys.  Every  person  mooring 
any  vessel  to  or  hanging  on  with  a  vessel  to  any  buoy  or 
beacon,  placed  by  competent  authority  in  any  navigable 
waters  of  this  state,  is  guilty  of  a  misdemeanor.  En.  Feb- 
ruary 14,   1872. 

Act  for  protection  of  buoys  and  beacons:  See  post,  Ap- 
pendix,  title  Buoys  and  Beacons. 

§  615.  Injuries  to  signals,  etc.,  in  United  States  survey. 
Every  person  who  willfully  injures,  defaces,  or  removes  any 
signal,  monument,  building,  or  appurtenances  thereto, 
placed,  erected,  or  used  by  persons  engaged  in  the  United 
States  coast  survey,  is  guilty  of  a  misdemeanor.  En.  Feb- 
ruary 14,  1872. 

§  616.  Destroying  or  tearing  down  notices,  etc.  Every 
person  who  intentionally  defaces,  obliterates,  tears  down, 
or  destroys  any  copy  or  transcript,  or  extract  from  or  of 
any  law  of  the  United  States  or  of  this  state,  or  any 
proclamation,  advertisement,  or  notification  set  up  at  any 
place  in  this  state,  by  authority  of  any  law  of  the  United 
States  or  of  this  state,  or  by  order  of  any  court,  before 
the  expiration  of  the  time  for  which  the  same  was  to  re- 
main set  up,  is  punishable  by  fine  not  less  than  twenty  nor 
more  than  one  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  not  more  than  one  month.  En.  February  14, 
1872. 

§  617.  Injuring  or  destroying  written  instrument.  Every 
person  who  maliciously  mutilates,  tears,  defaces,  obliterates, 
or  destroys  any  written  instrument,  the  property  of  another, 


235  MALICIOUS    MISCHIEF.  §§  618-622 

the  false  makiBg  of  whicli  would  be  forgery,  is  punishable 
by  imprisonment  in  the  state  prison  for  not  less  than  one 
nor  more  tlian  five  years.     En.  February  14,  1872. 

§  618.  Opening  or  publishing  sealed  letters.  Every  per- 
son who  willfully  opens  or  reads,  or  causes  to  be  read,  any 
sealed  letter  not  addressed  to  himself,  without  being  au- 
thorized so  to  do,  either  by  the  writer  of  such  letter  or  by 
the  person  to  whom  it  is  addressed,  and  every  person  who, 
without  the  like  authority,  publishes  any  of  the  contents  of 
such  letter,  knowing  the  same  to  have  been  unlawfully 
opened,  is  guilty  of  a  misdemeanor.  En.  February  14, 
1872. 

§  619.  Disclosing  contents  of  telegraphic  or  telephonic 
message.  Every  person  who  willfully  discloses  the  contents 
of  a  telegraphic  or  telephonic  message,  or  any  part  thereof, 
addressed  to  another  person,  without  the  permission  of  such 
person,  unless  directed  so  to  do  by  the  lawful  order  of  a 
court,  is  punishable  by  imprisonment  in  the  state  prison  not 
exceeding  five  years,  or  in  the  county  jail  not  exceeding 
one  year,  or  by  fine  not  exceeding  five  thousand  dollars,  or 
by  both  fine  and  imprisonment.  En.  February  14,  1872. 
Am'd.  1880,  38;  1905,  690. 

§  620.  Altering  telegraphic  or  telephonic  messages.  Ev- 
ery person  who  willfully  alters  the  purport,  effect,  or  mean- 
ing of  a  telegraphic  or  telephonic  message  to  the  injury  of 
another,  is  punishable  as  provided  in  the  preceding  section. 
En.  February  14,  1872. 

§  621.     Opening     telegraphic     or     telephonic     messages. 

Every  person  not  connected  with  any  telegraph  or  telephone 
office  who,  without  the  authority  or  consent  of  the  person  to 
whom  the  same  may  be  directed,  willfully  opens  any  sealed 
envelope  inclosing  a  telegraphic  or  telephonic  message  ad- 
dressed to  any  other  person,  with  the  purpose  of  learning  the 
contents  of  such  message,  or  who  fraudulently  represents  an- 
other person  and  thereby  procures  to  be  delivered  to  himself 
any  telegraphic  or  telephonic  message  addressed  to  such 
other  person,  with  the  intent  to  use,  destroy,  or  detain  the 
same  from  the  person  entitled  to  receive  such  message,  is 
punishable  as  provided  in  section  six  hundred  and  nineteen. 
En.  February  14,  1872. 

§  622.  Injuring  works  of  art  or  improvements.  Every 
person,    not   the   owner   thereof,   who    willfully   injures,    dis- 


§§  623-625a  MALICIOUS    MISCHEIF.  236 

figures,  or  destroys  any  monument,  work  of  art,  or  useful 
or  ornamental  improvement  within  the  limits  of  any  village, 
town,  or  city,  or  any  shade  tree  or  ornamental  plant  grow- 
ing therein,  whether  situated  upon  private  ground  or  any 
street,  sidewalk,  or  public  park  or  place,  is  guilty  of  a  mis- 
demeanor.    En.  February   14,   1872. 

§  623.  Destroying  books,  etc.,  in  public  libraries.  Every 
person  who  maliciously  cuts,  tears,  defaces,  breaks,  or  in- 
jures any  book,  map,  chart,  picture,  engraving,  statue,  coin, 
model,  apparatus,  or  other  work  of  literature,  art,  mechanics, 
or  object  of  curiosity,  deposited  in  any  public  library,  gal- 
lery, museum,  collection,  fair,  or  exhibition,  is  guilty  of  a 
misdemeanor.     En.  February  14,  1872.    Am'd.  1901,  99. 

§  6231/2-    Detaining  books,   etc.,  from     public     libraries. 

whoever  willfully  detains  any  book,  newspaper,  magazine, 
pamphlet,  manuscript,  or  other  property  belonging  to  any 
public  or  incorporated  library,  reading-room,  museum  or 
other  educational  institution,  for  thirty  days  after  notice 
in  writing  to  return  the  same,  given  after  the  expiration  of 
the  time  which  by  the  rules  of  such  institution  such  article 
or  other  property  may  be  kept,  is  guilty  of  a  naisdemeanor 
and  shall  be   punished  accordingly.     En.  Stats.   1899,  97. 

§  624.  Breaking  or  obstructing  water-pipes,  etc.  Every 
person  who  willfully  breaks,  digs  up,  obstructs,  or  injures 
any  pipe  or  main  for  conducting  gas  or  water,  or  any 
works  erected  for  supplying  buildings  with  gas  or  water, 
or  any  appurtenances  or  appendages  therewith  connected,  is 
guilty  of  a  misdemeanor.     En.  February  14,  1872. 

§  625.  Drawing  water  from  works  after  they  have  been 
closed.  Every  person  who,  with  intent  to  defraud  or  injure, 
opens  or  causes  to  be  opened,  or  draws  water  from  any  stop- 
cock or  faucet  by  which  the  flow  of  water  is  controlled,  after 
having  been  notified  that  the  same  has  been  closed  or  shut 
for  specific  cause,  by  order  of  competent  authority,  is  guilty 
of  a  misdemeanor.     En.  February  14,  1872. 

Cal.  Eep.  Cit.  77,  32. 

§  625a.  Unlawful  interference  with  fire-alarm  apparatus; 
penalty.  Any  person  who  willfully  and  maliciously  tampers 
with,  molests,  injures,  or  breaks  any  public  fire-alarm  ap- 
paratus, wire,  or  signal,  or  wiUfully  and  maliciously  sends. 


GAME    AND    nSH. 


gives,  transmits,  or  sounds  any  false  alarm  of  fire,  by  means 
of  any  public  fire-alarm  system  or  signal,  is  punishable  by 
imprisonment  in  the  county  jail,  not  exceeding  one  year,  or 
by  a  fine,  not  exceeding  one  thousand  dollars,  or  by  both 
such  fine  and  imprisonment.     En.  1903,  137. 


TITLE     XV. 

MISCELLANEOUS  CEIMES. 

Chapter  I.     Violation  of  the  Laws  for  the  Preservation  of 
Game  and  Fish,  §§  626-637a. 
n.     Of  Other  and  Miscellaneous  Offenses,  §§  638-654. 

CHAPTEE  L 

VIOLATION   OF  THE  LAWS   FOR  THE   PRESERVATION   OF   GAME 
AySD    FISH. 

§  626.  Quail,  partridge,  wild  duck,  rail,  curlew,  ibis,  plover,  Wilson 
snipes,    mountain    quail,    grouse,    sage    hen,    closed    season. 

§  626a.  Doves. 

§  626b.  Nests  or  eggs. 

§  626c.  Swan,   pheasants,   bob  whites,   quail,    etc. 

§  626d.  Limit    of    bag. 

§  626e.  Female   deer,    spotted   fawn,    antelope,    etc. 

§  626f.  Deer. 

§  626g.  Tree   squirrels. 

§  626h.  Pale  or  possession  of  deer  pelts. 

§  6261.  Limit  of  deer  that  may  be  killed  in  one  season. 

§  626j.  Running   or  trailing  deer  during  close  season. 

§  626k.  Sale  of  certain  game  prohibited. 

§  6261.  Live   animals   or  birds   for   scientific   purposes    or   propagation. 

§  62fim.  Night-time  hunting. 

§  627.    Trespass    upon    inclosed    or    cultivated    grounds   a   misdemeanor. 

§  627a.  Unlawful  carrying  of  deer  and  other  game. 

§  627b.  Limit  as   to  shipment  of  certain   game. 

§  627c.  Transporting  out  of  the  state.     (Repealed.) 

§  627d.  Penalty.     (Repealed.) 

§  628.     Lobswi-     or   crawfish. 

§  62Sa.  Striped  bass. 

§  62Sb.  Black    bass. 

§  628c.  Young  fish  of  any  species;  fish  in  pond  or  reservoir  belonging 
to   state;     penalty. 

!}  62Sil.  Fine   or   imprisonment;     disposition   of  fines. 

§  629.     Screen   over  millrace,   pipe,    etc.;   penalty;   disposition  of   fines. 

§  680.  Use  of  phosphorus  on  land  in  certain  counties  prohibited.  (Re- 
pealed.) 

§  631.  Net.    pound,    cage,    trap,    etc.,    not   to  be   used. 

§  631a.  Penalty    for    violation. 

§  631b.   Disposition    of    moneys   from   fines. 

§  631c.  Penalty    for   violation. 

§  632.  Trout,  steelhead  trout;  limit  of  catch;  penalty;  disposition  of 
fines. 

g  632a.  RhipMicnt   of  trout;   penalty;   disposition  of   fines. 

§  632b.  Only  hook  and  line  to  be  used  in  streams  where  U.  S.  hatchery 
is  located.     (Repealed.) 


§  §  626-626C  GAME   AND    FISH.  ^38 

5  633.     Trout,   sale,    taking  or  possession  of.     (Repealed.) 
§  634.     Taking,    sale  or  possession  of  salmon,    when  prohibited. 
§  635.    Use   of   explosives,    and   pollution   of  waters. 
§  636.     Setting   net,    trap,    etc.,    for  fish. 
5  636a.  Xets,    seines,    etc.,    prohibited. 

§  637.     Fish   commissioners  to   examine   dams.     Fishways. 
§  637a.  Killing    of    birds    other    than    game;    meadow    lark,    etc.;    excep- 
tions;  certain   birds  not  Included. 

§  626.  Quail,  partridge,  wild  duck,  rail,  curlew,  ibis, 
plover,  Wilson  snipes,  mountain  quail,  grouse,  sage  hen. 
Closed  season.  Every  person,  who,  between  the  fifteenth 
day  of  February  and  the  fifteenth  day  of  October  of  any 
year^  hunts,  pursues,  takes,  kills,  or  destroys,  or  has  in  his 
possession,  whether  taken  or  killed,  in  the  State  of  Califor- 
nia, or  shipped  into  the  state  from  any  other  state,  territory, 
or  foreign  country,  any  valley  quail,  or  partridge,  or  any  kind 
of  wild  duck,  or  any  rail,  or  any  curlew,  ibis,  plover,  or 
other  shore  birds  (Limicolae) ;  or  who,  between  the  first 
day  of  April  and  the  fifteenth  day  of  October  of  any  year, 
hunts,  pursues,  takes,  kills,  or  destroys,  or  has  in  his  posses- 
sion, any  Wilson  snipe;  or  who,  between  the  fifteenth  day  of 
February  and  the  first  day  of  September  of  any  year,  hunts, 
pursues,  takes,  kills,  or  destroys,  or  has  in  his  possession, 
whether  taken  or  killed  in  the  State  of  California,  or  shipped 
into  the  state  from  any  other  state,  territory,  or  foreign 
coiintry,  any  mountain  quail,  grouse,  or  sage  hen,  is  guilty 
of  a  misdemeanor.  En.  February  14,  1872.  Am'd.  1875-6, 
113;  1877-8,  119;  1880,  41;  1883,  80;  1887,  236;  1891,  472; 
1893,  278;  1895,  256;  1897,  90;  1901,  819;  1903,  2;  1905,  255. 

Cal.  Eep.  Cit.  103,  479;   136,  528. 

Acts  for  the  protection  of  game:  See  post,  Appendix,  title 
Game   Laws. 

§  626a.  Doves.  Every  person  who,  between  the^fifteenth 
day  of  February  and  the  first  day  of  July  of  the  same  year, 
hunts,  pursues,  takes,  kills  or  destroys,  or  has  in  his  pos- 
session, anv  dove,  is  guilty  of  a  misdemeanor.  En.  1895, 
257.     Rep.  1897,  92.     En.  Stats.  1901,  819.     Am'd.  1903,  3. 

§  626b.  Nests  or  eggs.  Every  person  who  destroys  or  has 
in  his  possession  the  nest  or  eggs  of  any  of  the  birds  men- 
tioned in  this  chapter,  is  guilty  of  a  misdemeanor.  En. 
Stats.  1895,  257.     Eep.  1897,  92.     En,  Stats.  1901,  819. 

§  626c.  Swan,  pheasant,  bob-wliite  quail.  Every  person 
who  takes,  kills,  or  destroys,  or  has  in  his  possession  any 
swan,  or  any  pheasant,  or  any  bob-white  quail,  or  any  variety 


626.  Every  person  who,  between  the  fifteenth  day  of 
February  and  the  first  day  of  October  of  any  year,  hunts, 
pursues,  takes,  kills,  or  destroys,  or  has  in  his  possession 
any  kind  of  wild  duck;  or  who  between  the  fifteenth  day  of 
February  and  the  fifteenth  day  of  October  of  any  year, 
hunts,  pursues,  takes,  kills,  or  destroys,  or  has  in  his 
possession,  any  valley  quail,  or  partridge,  or  any  rail,  or 
any  curlew,  ibis,  plover,  or  other  shore  birds  (Limicolae) ; 
or  who,  between  the  first  day  of  April  and  the  fifteenth 
day  of  October  of  any  year,  hunts,  pursues,  takes,  kills,  or 
destroys,  or  has  in  his  possession,  any  Wilson  snipe;  or 
who,  between  the  fifteenth  day  of  February  and  the  first 
day  of  September  of  any  year,  hunts,  pursues,  takes,  kills, 
destroys,  or  has  in  his  possession,  any  mountain  quail; 
or  who,  at  any  time  prior  to  the  first  day  of  September 
one  thousand  nine  hundred  and  nine,  hunts,  pursues,  takes, 
kills,  or  destroys,  or  has  in  his  possession,  any  grouse  or 
sage  hen,  is  guilty  of  a  misdemeanor.  (In  effect  March 
21,   1907.) 

626a.  Every  person  who,  between  the  fifteenth  day  of 
October  of  any  year  and  the  fifteenth  day  of  July  of  the 
following  year,  hunts,  pursues,  takes,  kills  or  destroys, 
or  has  in  his  possession,  any  dove,  is  guilty  of  a  misde- 
meanor.      (In    effect    March    21,    1907.) 

626d.  Every  person  who,  during  any  one  calendar  day, 
takes,  kills,  or  destroys,  or  has  in  his  possession,  more 
than  twenty-five  quail,  partridge,  doves,  snipe,  curl.w,  ibis, 
plover,  rail,  or  any  other  shore  birds  (Limicolae),  or  more 
than  thirty-five  wild  ducks,  is  guilty  of  a  misdemeanor. 
(In  effect  March  21,   1907.) 

626f.  Every  person  who,  between  the  first  day  of  October 
and  the  fifteenth  day  of  July  of  the  following  year,  hunts, 
pursues,  takes,  kills,  or  destroys,  or  has  in  his  possession, 
whether  taken  or  killed  in  the  State  of  California,  or 
shipped  into  the  state  from  any  other  state,  territory,  or 
foreign  country,  any  male  deer,  or  any  deer  meat,  is  guilty 
of  a  misdemeanor.     (In  effect  March  21,  1907.) 


636g.  Every  person  who,  between  the  first  day  of  Janu- 
ary and  the  first  day  of  September  of  the  same  year,  hunts, 
takes,  kills,  or  destroys,  or  has  in  his  possession,  any  species 
of  tree  squirrel,  or  who  at  any  time  buys,  sells,  offers  for 
sale,  or  has  in  his  possession  for  sale,  any  tree  squirrel, 
is  guilty  of  a  misdemeanor,  and  every  person  who  takes, 
kills,  or  destroys,  or  has  in  his  possession,  more  than  twelve 
tree  squirrels  during  any  one  open  season,  is  guilty  of  a 
misdemeanor.     (In  effect  March  21,  1907.) 

636i.  Every  person  who  takes,  kills  or  destroys  or  has 
in  his  possession,  whether  taken  or  killed  in  the  State  of 
California  or  shipped  into  the  state  from  any  other  state, 
territory,  or  foreign  country,  more  than  two  deer  during  any 
one  open  season,  is  guilty  of  a  misdemeanor.  (In  effect 
March  21,   1907.) 

626j.  Every  person  who,  owning,  controlling  or  having 
in  his  possession,' any  dog  or  dogs,  willfully  suffers,  permits 
or  allows  said  dog  or  dogs  to  run,  track  or  trail  any  deer 
at  any  time,  except  a  wounded  deer,  during  the  season  that 
deer  may  be  lawfully  killed,  is  guilty  of  a  misdemeanor. 
(In  effect  March  21,   1907.) 


239  GAME    AND    FISH.  §§  626cl-62Hi 

of  imported  quail  or  partridge,  is  guilty  of  a  misdemeanor. 
En.  Stats.  1895,  257,  Eep.  1897,  92.  En.  1901,  819.  Am'd. 
1905,  256. 

§  626d.  Limit  of  bag.  Every  person  who,  during  any  one 
calendar  day,  takes,  kills,  or  destroys,  or  has  in  his  posses- 
sion, more  than  twenty-five  quail,  partridge,  doves,  snipe, 
curlew,  ibis,  plover,  rail,  or  any  other  shore  birds  -(Limi- 
colae),  or  more  than  fifty  wild  ducks,  is  guilty  of  a  misde- 
meanor. En.  Stats.  1895,  257.  Eep.  1897,  92.  En.  Stats. 
1901,  820.     Am'd.   1905,  256. 

§  626e.  Female  deer,  spotted  fawn,  antelope,  etc.  Every 
person  who  pursues,  takes,  kills,  or  destroys,  or  has  in  his 
possession,  any  female  deer  or  spotted  fawn,  or  any  antelope, 
elk,  or  mountain  sheep,  is  guilty  of  a  misdemeanor.  En. 
Stats.  1895,  257.     Eep.  1897,  92.    En.  Stats.  1901,  820. 

§  626f.  Deer.  Every  person  who,  between  the  fifteenth 
day  of  October  and  the  first  day  of  August  of  the  follow- 
ing year,  hunts,  pursues,  takes,  kills,  or  destroys,  or  has 
in  his  possession,  whether  taken  or  kiUed  in  the  State  of 
California,  or  shipped  into  the  state  from  any  other  state, 
territory,  or  foreign  country,  any  male  deer,  or  any  deer 
meat,  is  guilty  of  a  misdemeanor.  En.  Stats.  1895,  258. 
Eep.  1897,  92.  En.  Stats.  1901,  820.  Am'd.  1903,  3;  1905, 
256. 

§  626g.  Tree  squirrel.  Every  person  who  hunts,  takes, 
kills,  or  destroys,  or  has  in  his  possession,  any  species  of  tree 
squin-el,  is  guilty  of  a  misdemeanor.  En.  Stats.  1895,  258. 
Rep.  1897,  92.     En.  Stats.  1901,  820.     Am'd.  1905,  256, 

§  626h,  Sale  or  possession  of  deer  pelts.  Every  person 
who  buys,  sells,  offers  or  exposes  for  sale,  barter  or  trade, 
the  hide,  pelt  or  skin  of  any  deer,  or  who  transports,  car- 
ries, or  has  in  his  possession,  the  skin,  pelt  or  hide  of  any 
female  deer,  or  spotted  fawn,  or  any  deer  hide  or  pelt  from 
which  the  evidence  of  sex  has  been  removed,  is  guilty  of  a 
misdemeanor;  provided,  however,  that  the  provisions  of  this 
section  shall  not  apply  to  the  skin,  pelt  or  hide  of  any  deer 
killed  or  taken  in  a  foreign  country.  En.  Stats.  1895,  258. 
Rep.  1897,  92.     En.  Stats.  1901,  820.     Am'd.  1903,  3. 

§  626i.  Limit  of  deer  that  may  be  killed  in  one  season. 
Every   person   who    takes,   kills,   or   destroys,   or   has   in   his 


§g  6.GJ-627  GAME    AND    FISH.  240 

possession,  whether  taken  or  killed '  in  the  State  of  Cali- 
fornia, or  shipped  into  the  state  from  any  other  state,  terri- 
tory, or  foreign  country,  more  than  two  deer,  during  any  one 
open  season,  is  guilty  of  a  misdemeanor.  En.  Stats.  189.5, 
258.     Eep.  1897,  92.     En.  Stats.  1901,  820.     Am'd.  1905,  256. 

§  626 j.  Running  or  trailing  deer  during  close  season. 
Every  person  who,  controlling  or  having  in  his  possession 
any  deerhounds,  foxhounds,  greyhounds,  or  any  other  kind 
of  dog,  willfully  suffers,  permits,  or  allows,  any  of  said  dogs 
to  run,  track,  or  trail  any  deer  during  the  time  when  it  is 
unlawful  to  kill  the  same,  is  guilty  of  a  misdemeanor.  En. 
Stats.  1901,  820. 

§  626k.  Sale  of  certain  game  prohibited.  Every  person 
who  buys,  lcIIs,  offers  or  exposes  for  sale,  barter  or  trade,  any 
quail,  partridge,  dove,  j)heasant,  grouse,  sage  hen,  rail,  ibis, 
plover,  or  any  snipe  or  other  shore  bird  (Limicolae),  or  any 
deer  meat,  whether  taken  or  killed  in  the  State  of  California, 
or  shippeel  into  the  state  from  any  other  state,  territory,  or 
foreign  country',  is  guilty  of  a  misdemeanor.  En.  Stats. 
1901,  820.     Am'd.  1905,  256. 

§  6261.  Live  animals  or  birds  for  scientific  purposes  of 
propagation.  Nothing  in  this  act  shall  be  held  to  prohibit 
the  possession  for  scientific  purposes,  or  the  taking  alive 
for  the  purpose  of  propagation,  any  of  the  animalg  or  birds 
mentioned  in  this  section;  provided,  permission  to  take  and 
possess  said  birds  or  animals  for  said  purposes  shall  have 
been  first  obtained  in  writing  from  the  game  commissioner 
or  the  state  board  of  fish  commissioners,  and  said  permis- 
sion shall  accompany  the  shipment  of  said  birds  or  animals, 
and  shall  exempt  them  from  seizure  while  passing  through 
any  part  of  the  state.     En.  Stats.  1901,  821. 

§  626m.  Night-time  hunting.  Every  person  who,  at  any 
time,  between  one  half  hour  after  sundown  and  one  half 
hour  before  sunrise  of  the  following  day,  hunts,  pursues, 
takes,  kills,  or  destroys,  any  of  the  birds  mentioned  in  this 
chapter,  is  guilty  of  a  misdemeanor.     En.  Stats.   1901,  821. 

§  627.  Trespass  upon  inclosed  or  cultivated  grounds  a 
misdemeanor.  Every  person  who  upon  any  inclosed  or 
cultivated  grounds,  which  is  private  property,  and  where 
signs  are  displayed  not  less  than  three  to  the  mile,  along 
all  exterior  boundaries  thereof,  forbidding  such  shooting  or 
hunting,  hunts,  pursues,  takes,  kills,  or  destroys,  any  quail, 


627b.  Every  common  carrier  which  receives  for  sliip- 
ment  or  transportation  from,  or  which  ships  or  transports 
for,  any  one  person  during  any  one  calendar  day  more  tlian 
twenty-five  quail,  partridge,  pheasant,  groyse,  sage  hen, 
(love,  rail,  snipe,  curlew,  ibis,  plover,  or  other  shore  birds 
(Limicolae),  or  more  than  thirty-flve  wild  duclts,  or  which 
ships  or  transports,  or  any  person  who  offers  for  shipment 
or  transportation,  any  of  the  said  birds  or  any  deer,  or 
any  deer  meat,  in  any  quantity,  unless  such  birds  or  deer 
or  deer  meat  are  at  all  times  in  open  view  and  labeled  with 
the  name  and  residence  of  the  person  by  whom  they  are 
shipped,  is  guilty  of  a  misdemeanor;  provided  that  nothing 
in  this  section  contained  shall  be  construed  to  permit  any 
person  to  have  in  his  possession  any  game  or  fish  contrary 
to  the  provisions  of  this  chapter,  nor  to  permit  any  com- 
mon carrier  to  have  in  its  possession  more  than  the  above 
specified  number  of  said  birds  during  any  one  calendar  day, 
though  lawfully  received,  except  during  the  shipment  or 
transportation  thereof.     (In  effect  March   21,   1907.) 


241  GAME    AND    FISH.  §§  627a-6L>Tc 

partridge,  pheasant,  grouse,  dove,  wild  duck,  snipe,  curlew, 
ibis,  or  plover,  or  any  deer,  without  permission  first  ob- 
tained from  the  owner  or  person  in  possession  of  such 
ground,  or  who  maliciously  tears  down,  mutilates  or  destroys 
any  sign,  signboard,  or  other  notice  forbidding  shooting  on 
private  property,  is  guilty  of  a  misdemeanor.  En.  February 
14,  1872.  Am'd.  1875-6,  113.  Rep.  1883,  82.  En.  Stats. 
1895,  258.  Am'd.  1897,  92;  1901,  821. 
Cal.  Rep.  Cit.     119,  578. 

§  627a.    Unlawful  carrying  of   deer     and     other     game. 

Every  railroad  company,  express  company,  transportation 
company,  or  other  common  carrier,  its  officers,  agents,  and 
servants,  and  every  other  person  who  transports,  carries  or 
takes  out  of  this  state,  or  who  receives  for  the  purpose  of 
transporting  from  this  state,  any  deer,  deer  skin,  buck,  doe 
or  fawn,  or  any  quail,  partridge,  pheasant,  grouse,  or  sage 
hen  or  prairie  chicken,  dove,  wild  pigeon,  or  any  wild  duck, 
rail,  snipe,  ibis,  curlew,  plover,  or  other  shore  birds  (Limi- 
colae),  except  for  the  purpose  of  propagation  or  scientific 
purposes,  under  a  permit,  in  writing,  first  obtained  from  the 
board  of  fish  commissioners  of  the  State  of  California,  or  who 
transports,  carries  or  takes  from  the  state,  or  receives  for 
the  purpose  of  transportation  from  the  state,  the  carcass 
of  any  such  animal  of  any  such  bird,  or  any  part  of  the 
carcass  of  any  such  animal  or  bird,  is  guilty  of  a  misde- 
meanor. En.  Stats.  1895,  259.  Rep.  1897,  93.  En.  Stats. 
1901,  821.     Am'd.  1905,  257. 

§  627b.  Limit  as  to  shipment  of  certain  game.  Every 
railroad  company,  steamship  company,  express  company, 
transportation  company,  transfer  company,  and  every  other 
person  who  ships,  or  receives  for  shipment,  or  transporta- 
tion, from  any  one  person,  during  any  one  calendar  day, 
more  than  twenty-five  quail,  partridge,  pheasant,  grouse, 
or  sage  hen,  doves,  rail,  snipe,  curlew,  ibis,  plover,  or  other 
shore  birds  (Limicolae),  or  more  than  fifty  wild  ducks  or 
who  transports  any  of  the  said  birds,  or  any  deer,  in  any 
quantity,  unless  such  birds  or  deer  are  at  all  times  in  open 
view,  and  labeled  with  the  name  ari'd  residence  of  the  per- 
son by  whom  they  are  shipped,  is  guilty  of  a  misdemeanor. 
En.  Stats.  1895,  259.  Rep.  1897,  93.  En.  Stats.  1901,  821. 
Am'd.  1905,  257. 

§  627c.     Transporting  out  of  the  state.     (Repealed.)     En. 
Stats.  1895,  259.     Rep.  1897,  93. 
Pen.  Code— 16 


§§  627d-628c  GAME    AND    FISH.  242 

§  627d.  Penalty.  (Eepealed.)  En.  Stats.  189-5,  259.  Rep. 
1897,  93. 

§  628.  Lobster  or  crawfish.  Every  person  who,  between 
the  first  day  of  April  and  the  fiiteenth  day  of  September 
of  each  year,  buys,  sells,  takes,  catches,  kills  or  has  in  his 
possession,  any  lobster  or  crawfish;  or  who  at  any  time  has 
in  his  possession  any  lobster  or  crawfish  of  less  than  nine 
and  one-half  inches  in  length,  measured  from  one  extremity 
to  the  other,  exclusive  of  legs,  claws  or  feelers;  or  who,  at 
any  time,  offers  for  shipment,  ships,  or  receives  for  ship- 
ment or  transportation,  from  the  State  of  California  to  any 
place  in  any  other  state,  territory,  or  foreign  country,  any 
dried  shrimp  or  shrimp  shells;  or  who,  between  the  first  day 
of  September  and  the  first  day  of  November  of  each  year, 
buys,  sells,  takes,  catches,  kills,  or  has  in  his  possession, 
any  crab;  or  who,  at  any  time,  buys,  sells,  offers  for  sale, 
takes,  catches,  kills,  or  has  in  his  possession,  any  sturgeon, 
or  any  female  crab,  or  any  crab  which  shall  measure  less 
than  six  inches  across  the  back,  or  any  abalones  or  abalone 
shells  of  the  kind  known  to  commerce  as  the  black  abalone 
(Haliotis  californica),  the  shell  of  which  shall  measure  less 
than  twelve  inches  around  the  outer  edge  of  the  shell,  or 
any  other  abalone  shells,  or  abalones,  the  shell  of  which 
shall  measure  less  than  fifteen  inches  around  the  outer  edge 
of  the  shell,  is  guilty  of  a  misdemeanor.  En.  February  14, 
1872.  Am'd.  1875-6,  114;  1877-8,  120.  Rep.  1883,  82.  En. 
Stats.  1895,  260.  Am'd.  1897,  347;  1901,  54;  1903,  23;  1905, 
186. 

§  628a.  Striped  bass.  Every  person  who,  at  any  time, 
buys,  sells,  offers  for  sale,  takes,  catches,  kills,  or  has  in  his 
possession,  and  striped  bass  of  less  than  three  pounds  in 
weight,  is  guilty  of  a  misdemeanor.  En.  Stats.  1895,  260. 
Rep.  1897,  348.     En.  Stats.  1905,  186. 

§  628b.  Black  Bass.  Every  person  who,  between  the  first 
day  of  .January  and  the  first  day  of  June  of  each  year,  buys, 
sells,  offers  for  sale,  takes,  catches,  kills,  or  has  in  his 
possession,  any  black  bass;  or  who,  at  any  time,  except  with 
hook  and  line,  takes,  catches  or  kills  any  black  bass,  is 
guilty  of  a  misdemeanor.     En.  Stats.  1905,  187. 

§  628c.  Young  fish  of  any  species;  fish  in  pond  or  reser- 
voir belonging  to  state;  penalty.  Every  person  who,  by 
seine  or  other  means,  catches  the  young  fish  of  any  species 
and  does  not  immediately  return  the  same  to  the  water 
alive,  or  who  buys,  sells  or  offers  for  sale,  or  has  in  his  pos- 
session,   any    such   fish,    whether    fresh   or    dried;    or      who 


638.  Every  person  who,  between  the  fifteenth  day  of 
February  and  the  fifteenth  day  of  September  of  each  year, 
buys,  sells,  takes,  .catches,  kills,  or  has  in  his  possession, 
any  lobster  or  crawfish;  or  who  at  any  time  has  in  his 
possession,  any  lobster  or  crawfish  of  less  than  eleven 
inches  in  length,  measured  from  one  extremity  to  the  other, 
exclusive  of  legs,  claws,  or  feelers;  or  who,  at  any  time, 
offers  for  shipment,  ships,  or  receives  for  shipment  o'r  trans- 
portation, from  the  State  of  California  to  any  place  in  any 
other  state,  territory  or  foreign  country,  any  dried  shrimp 
or  shrimp  shells  of  shrimp  caught  or  taken  in  the  waters  of 
this  state  is  guilty  of  a  misdemeanor;  provided,  that  the 
possession  of  such  dried  shrimp  or  shrimp  shells  shall  be 
prima  facie  evidence  of  the  fact  that  such  dried  shrimp 
or  shrimp  shells  are  of  shrimp  which  w.ere  caught  or  taken 
in  the  waters  of  this  state;  and  every  person  who,  between 
the  first  day  of  September  and  the  first  day  of  November 
of  each  year,  buys,  sells,  takes,  catches,  kills,  or  has  in 
his  possession,  any  crab;  or  who,  at  any  time,  buys,  sells, 
offers  for  sale,  takes,  catches,  kills,  or  has  in  his  possession, 
any  sturgeon,  or  fresh  sturgeon  eggs,  or  any  female  crab, 
or  any  crab  which  shall  measure  less  than  six  inches  across 
the  back,)  or  any  abalones  or  abalone  shells  of  the  kind 
known  to  commerce  as  the  black  abalone  (Haliotis  calif or- 
nica),  the  shell  of  which  shall  measure  less  than  twelve 
inches  around  the  outer  edge  of  the  shell,  or  any  other 
abalone  shells,  or  abalones,  the  shell  of  which  shall  measure 
less  than  fifteen  inches  around  the  outer  edge  of  the  shell; 
or  every  person  who  takes,  catches,  kills,  or  has  in  his 
possession,  any  abalones  or  abalone  shells  taken  from  any 
of  the  waters  of  this  state  by  the  use  of  diving  suits  or 
diving  paraphernalia  of  any  kind,  is  guilty  of  a  misdemeanor. 
(In  effect  March  15,   1907.) 

628a.  Every  person  who,  at  any  time,  buys,  sells,  offers 
for  sale,  or  takes,  catches,  kills  or  has  in  his  possession, 
any  striped  bass  of  less  than  three  pounds  in  weight;  or 
who,  at  any  time,  offers  for  shipment,  ships  or  receives  for 
shipment  or  transportation  from  the  State  of  California  to 
any  place  in  any  other  state,  territory  or  foreign  country  any 
striped  bass  of  less  than  three  pounds  in  weight,  caught 
or  taken  in  the  waters  of  this  state,  is  guilty  of  a  misde- 
meanor; provided  that  the  possession  of  such  striped  bass 
shall  be  prima  facie  fevidence  of  the  fact  that  such  striped 
bass  were  caught  or  taken  in  the  waters  of  this  state.  (In 
effect  March   15,    1907.) 

628b.  Every  person  who,  between  the  first  day  of 
January  and  the>  first  day  of  June  of  each  year,  buys,  sells, 
offers  for  sale,  takes,  catches,  kills,  or  has  in  his  possession, 
any  black  bass;  or  who,  at  any  time,  except  with  hook  and 
line,  takes,  catches,  or  kills  any  black  bass;  or  who  takes, 
catches,  kills,  or  has  in  his  possession,  more  than  fifty 
black  bass  during  any  one  calendar  day,  is  guilty  of  a  mis- 
demeanor.     (In    effect   March   15,    1907.) 


243  •  GAME    A-ND    PISH.  §§  628d-62a 

catches,  takes,  kills,  or  carries  away  any  fish  from  any  pond 
or  reservoir  belonging  to,  or  controlled  by,  the  board  of  fish 
commissioners,  or  any  person  or  corporation,  without  the 
consent  of  the  owners  thereof,  which  pond  or  reservoir  has 
been  stocked  with  fish;  or  who,  except  with  hook  and  line, 
takes,  catches,  or  kills  any  kind  of  fish  in  any  river  or 
stream  upon  which  a  fish  hatchery  is  maintained,  is  guilty 
of  a  misdemeanor.  Nothing  in  this  section,  or  elsewhere  in 
this  code  contained,  shall  prohibit  the  United  States  fish 
commission  and  the  fish  commission  of  this  state,  from  tak- 
ing at  all  times  such  fish  as  they  may  deem  necessary  for 
scientific  purposes  or  for  purposes  of  propagation.  En. 
Stats.  1905,  187. 

§  628d.  Fine  or  imprisonment;  disposition  of  fines.  Every 
person  found  guilty  of  a  violation  of  any  of  the  provisions 
of  Sections  628,  628a,  628b,  and  628e,  shall  be  punished  by 
a  fine  of  not  less  than  twenty  dollars  nor  more  than  five 
hundred  dollars,  or  by  imprisonment  in  the  county  jail,  in 
the  county  in  which  the  conviction  is  had,  not  less  than 
twenty  nor  more  than  one  hundred  and  fifty  days,  or  by  both 
such  fine  and  imprisonment.  All  fines  collected  for  any  vio- 
lation of  any  of  the  provisions  of  said  sections  must  be  paid 
into  the  state  treasury  to  the  credit  of  the  "Fish  Commis- 
sion Fund."     En.  Stats.   1905,   187. 

§  629.  Screen  over  mill-race,  pipe,  etc.;  penalty;  disposi- 
tion of  fines.  Any  person,  company,  or  corporation,  owning, 
in  whole  or  in  part,  or  leasing,  operating,  or  having  in  charge 
any  mill-race,  irrigating  ditch,  pipe,  flume,  or  canal,  taking 
or  receiving  its  waters  from  any  river,  creek,  stream,  or  lake 
in  which  fish  have  been  placed,  or  may  exist,  shall  put,  or 
cause  to  be  placed  and  maintained,  over  the  inlet  of  such 
pipe,  flume,  ditch,  canal,  or  mill-race,  a  screen  of  such  con- 
struction and  fineness,  strength,  and  quality  as  shall  prevent 
any  such  fish  from  entering  such  ditch,  pipe,  flume,  canal, 
or  mill-race,  when  required  to  do  so  by  the  state  board  of 
fish  commissioners.  Any  person,  company,  or  corporation 
violating  any  of  the  provisions  of  this  section,  or  who  shall 
neglect  or  refuse  to  put  up  or  maintain  such  screen,  shall 
be  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof, 
shall  be  punished  by  a  fine  of  not  less  than  twenty  dollars  or 
imprisoned  in  the  county  jail  of  the  county  in  which  the  con- 
viction shall  be  had  not  less  than  ten  days,  or  by  both  such 
fine  and  imprisonment;  and  all  fines  imposed  and  collected 
for  violation  of  any  of  the  provisions  of  this  section  shall 


§§  630-631a  GAME    AND    FISH.  ^  241 

be  paid  into  the  state  treasury  to  the  credit  of  the  "Fish 
Coimnission  Fund";  provided,  that  the  continuance  from  day 
to  day  of  the  neglect  or  refusal,  after  notification  in  writing 
by  the  state  board  of  fish  commissioners,  shall  constitute  a 
separate  offense  for  each  day.  En.  February  14,  1872.  Eep. 
1883,  82.     En.  Stats.  1895,  260.     Am'd.  1903,  24;   1905,  187. 

Cal.  Eep.  Cit.     77,  32. 

Acts  relating  to  fishing  and  the  protection  of  fish:  See 
post,  Appendix,  title  Fish. 

§  630.  Use  of  phosphorus  on  land  in  certain  counties 
prohibited.  (Repealed.)  En.  February  14,  1^72.  Eep.  1897, 
348. 

^  631.     Net,  pound,  cage,  trap,  etc.,  not  to  be  used.   Every 

person  who  takes,  kills,  or  destroys,  by  use  of  any  net, 
pound,  cage,  trap,  set  line  or  wire,  or  by  the  use  of  any  poi- 
sonous substance,  any  of  the  bi^rds  or  animals  mentioned  in 
this  chapter,  or  who  transports,  buys,  sells,  or  gives  away, 
offers  or  exposes  for  sale,  or  has  in  his  possession,  any  of  the 
said  birds  or  animals  that  have  been  taken,  killed,  or  cap- 
tured by  the  use  of  any  net,  pound,  cage,  trap,  set  line  or 
wire,  or  by  the  use  of  any  poisonous  substance,  whether  taken 
in  the  State  of  California,  or  shipped  into  the  state  from  any 
other  state,  tenritory  or  foreign  country,  is  guilty  of  a  mis- 
demeanor; provided,  that  the  same  may  be  taken  for  the  pur- 
pose of  propagation,  or  for  scientific  purposes,  written  per- 
mission having  first  been  obtained  from  the  state  board  of 
fish  commissioners.  Proof  of  possession  of  any  such  birds 
or  animals  which  do  not  show  evidence  of  having  been  taken 
biy  means  other  than  a  net,  pound,  cage,  trap,  set  line  or 
wire,  or  by  the  use  of  any  poisonous  substance,  is  prima  facie 
evidence  in  any  prosecution  for  violation  of  the  provisions 
of  this  section,  that  the  person  in  whose  possession  such  birds 
or  animals  are  found,  took,  killed,  or  destroyed  the  same 
by  means  of  a  net,  pound,  cage,  trap,  set  line  or  wire,  or 
by  the  use  of  poisonous  substance.  En.  February  14,  1872. 
Am'd.  1880,  42;  1881,  73;  1883,  81;  1887,  237;  1895,  261; 
1901,  822;   1905,  257. 

§  631a.  Penalty  for  violation.  Every  person  found  guilty 
of  a  violation  of  anv  of  the  provisions  of  sections  626,  626a, 
626b,  626c,  626d,  626f,  626g,  626h,  626i,  626j,  626k,  626m, 
sections  627,  627a,  627b,  and  section  631,  must  be  fined  in 
a  sum  not  less  than  twenty-five  dollars  nor  more   than  five 


633.  Every  person  who,  between  the  fifteenth  day  of 
November  in  any  year  and  the  first  day  of  May  of  the  year 
following,  buys,  sells,  takes,  catches,  kills,  or  has  in  his 
possession,  any  variety  of  white  fish  or  trout,  except  steel- 
head  trout;  or  who,  between  the  first  day  of  April,  1907, 
and  the  first  day  of  May,  1909,  takes,  catches,  kills,  or  has 
in  his  possession  any  variety  of  golden  trout;  or  who  at  any 
time  buys,  sells,  or  offers  for  sale  any  trout  of  less  than  one 
pound  in  weight;  or  who,  at  any  tini-e  takes,  catches  or 
kills  any  trout,  except  with  hook  and  line;  or  who,  at  any 
time,  takes,  catches,  kills,  or  has  in  his  possession,  during 
any  one  calendar  day,  more  than  fifty  trout;  or  who  at 
any  time  takes  or  catches  any  trout,  steelhead  trout  or  sal- 
mon of  less  than  five  inches  in  length,  without  at  once  re- 
turning the  same  to  the  water  from  which  it  was  taken 
or  caught;  or  who,  at  any  time,  takes,  catches,  kills,  or  has 
in  his  possession,  during  any  one  calendar  day,  trout,  other 
than  steelhead  trout,  the  total  weight  of  which  exceeds 
twenty-five  pounds,  is  guilty  of  a  misdemeanor.  Every  per- 
son found  guilty  of  any  violation  of  any  of  the  provisions 
of  this  section  must  be  fined  in  a  sum  not  less  than  twenty 
dollars  or  be  imprisoned  in  the  county  jail  in  the  county  in 
which  the  conviction  shall  be  had,  not  less  than  ten  days 
or  be  punished  by  both  such  fine  and  imprisonment;  and  all 
fines  collected  for  any  violation  of  any  of  the  provisions  of 
this  section  must  be  paid  into  the  state  treasury  to  the  credit 
of  the  "fish  commission  fund."  Nothing  in  this  section  pro- 
hibits the  United  States  fish  commission  and  the  fish  com- 
mission of  this  state  from  taking  at  all  times  such  trout 
f.s  they  deem  necessary  for  purpose  of  propagation  or  for 
scientific  purposes.     (In  effect  March  15,  -./07.) 


245  GAME    AND    PISH.  §§  631b-6« 

hundred  dollars,  or  imprisonment  in  the  county  jail  of  the 
county  in  which  the  conviction  shall  be  had,  not  less  than 
twenty-five  days  nor  more  than  one  hundred  and  fifty  days, 
or  by  both  such  fine  and  imprisonment.  En.  Stats.  1901,  822. 
Am'd.    1905,    258. 

§  6311).  Disposition  of  moneys  from  fines.  All  fines  paid 
or  collected  for  the  violation  of  any  of  the  provisions  of  sec- 
tions six  hundred  and  twenty-six,  six  hundred  and  twenty- 
six  a,  six  hundred  and  twenty-six  b,  six  hundred  and  twenty- 
six  c,  six  hundred  and  twenty-six  d,  six  hundred  and  twenty- 
six  e,  six  hundred  and  twenty-six  f,  six  hundred  and  twenty- 
six  g,  six  hundred  and  twenty-six  h,  six  hundred  and 
twenty-six  i,  six  hundred  and  twenty-six  j,  six  hundred 
and  twenty-six  k,  six  hundred  and  twenty-six  m,  six 
hundred  and  twenty-seven,  six  hundred  and  twenty  seven  a, 
six  hundred  and  twenty-seven  b,  and  six  hundred  and 
thirty-one,  of  this  chapter,  must  be  paid  by  the  court 
■■  '     which     the     conviction     shall    be     had    into     the    state 

easury  to  the  credit  of  the  game  preservation  fund,  which 
iUnd  is  hereby  created,  and  the  moneys  in  said  fund  shall 
be  applied  to  the  payment  of  claims  approved  by  the  game 
commissioner  or  the  state  board  of  fish  commissioners  for 
the  expense  of  protecting,  restoring  and  introducing  game 
into  the  state  and  to  the  payment  of  the  expenses  incurred 
in  the  prosecution  of  offenders  against  the  provisions  of  the 
above-named  sections.     En.  Stats.  1901,  822. 

§  631c.  Penalty  for  violation.  Every  person  found  guilty 
of  a  violation  of  any  of  the  provisions  of  section  626e  must 
be  fined  in  a  sum  not  less  than  fifty  dollars  nor  more  than 
five  hundred  dollars  or  imprisonment  in  the  county  jail  of 
the  county  in  which  the  conviction  shall  be  had,  not  less 
than  fifty  days  nor  more  than  one  hundred  and  fifty  days, 
or  by  both  such  fine  or  imprisonment.     En.  Stats.  1905,  258. 

§  632.  Trout,  steelhead  trout;  limit  of  catch;  penalty; 
disposition  of  fines.X  Every  person  who,  between  the  first 
day  of  November  in  anv  year  and  the  first  day  of  April  of 
the  year  following,  buyk  sells,  takes,  catches,  kills,  or  has 
in  his  possession,  any  variety  of  trout,  except  steelhead  trout 
(Salmo  gairdneri);  or  who,  between  the  first  day  of  Febru- 
ary and  the  first  day  of  ApriVsOr  between  the  tenth  day  of 
September  and  the  sixteenth  day:  of  October  of  each  year, 
buys,  sells,  takes,  catches,  kills  or  i^as  in  his  possession,  any 
steelhead  trout  (Salmo  gairdneri);  or  who,  between  the  first 


§  632a  GAME    AND    FISH.  24« 

day  of  November  and  the  first  day  of  April  of  the  year  fol- 
lowing, takes,  kills,  or  catches  any  steelhead  trout  above 
tide  water;  or  who,  at  any  time,  buys,  sells,  or  offers  for 
sale,  any  trout  of  less  than  one  pound  in  weight;  or  who, 
at  any  time,  takes,  catches,  or  kills  any  trout  except  with 
hook  and  ^ine;  or  who,  at  any  '.me,  takes,  catches,  kills,  or 
has  in  his  possession,  during  any  one  calendar  day,  more 
than  fifty  trout;  or  who,  at  any  tipie,  takes,  catches,  kills, 
or  has  in  his  possession,  during  any  one  calendar  day,  trout, 
other  than  steelhead  trout,  the  total  weight  of  which  exceeds 
twenty-five  pounds,  is  guilty  of  a  misdemeanor.  Every  per- 
son found  guilty  of  any  violation  of  any  of  the  provisions 
of  this  section  must  be  fined  in  a  sum  not  less  than  twenty 
dollars  or  be  imprisoned  in  the  county  jail  in  the  county  in 
which  the  conviction  shall  be  had,  not  less  than  ten  days, 
or  be  punished  by  both  such  fine  and  imprisonment,  and  all 
fines  collected  for  any  violation  of  any  of  the  provisions  of 
this  section  must  be  paid  into  the  state  treasury  to  the 
credit  of  the  "Fish  Commission  Fund."  Nothing  in  this 
section  prohibits  the  United  States  fish  commission  and  the 
fish  commission  of  this  state  from  taking  at  all  times  such 
trout  as  they  deem  necessaiy  for  the  purpose  of  propagation 
or  for  scientific  purposes.  En.  February  14,  1872.  Am'd. 
1873-4,  464;  1875-6,  114;  1883,  81;  1895,  260;  1897,  20;  1901, 
55;  1903,  24;  1905,  188.  \ 

§  632a.     Shipment  of  trout;  penalty;  disposition  of  fines. 

Every  railroad  company,  steamship  company,  express  com- 
pany, transportation  company,  transfer  company,  and  every 
other  person  who  ships,  or  receives  for  shipment,  or  trans- 
portation, from  any  one  person,  during  any  one  calendar  day, 
more  than  fifty  trout,  or  trout,  excepting  steelhead  trout,  the 
total  weight  of  which  exceeds  twenty-five  pounds,  or  who 
transports  any  troiit,  in  any  quantity,  unless  such  trout  are 
at  all  times  in  open  view,  and  labeled  with  the  name  and  resi- 
dence of  the  person  by  whom  they  are  shipped,  is  guilty  of 
a  misdemeanor,  and  is  punishable  by  a  fine  of  not  less  than 
twenty  dollars,  or  by  imprisonment  in  the  county  jail  in  the 
county  in  which  the  conviction  is  had,  not  less  than  ten 
days,  or  by  both  such  fine  and  imprisonment;  and  all  fines 
imposed  and  collected  for  any  violation  of  any  of  the  pro- 
visions of  this  section  shall  be  paid  into  the  state  treasury 
to  the  credit  of  the  "Fish  Commission  Fund."  En.  Stats. 
1895,  261.     Eep.  1897,  348.     En.  Stats.  1905,  188. 


esS'/a  (new).  Every  person  who,  between  the  first  day 
)f  February  and  the  first  day  of  April  of  any  year,  or  who, 
jetween  the  seventeenth  day  of  September  and  the  twenty- 
;hird  day  of  October  of  any  year,  buys,  sells,  takes,  catches, 
fills,  or  has  in  his  possession  any  steelhead  trout,  or  who 
between  the  first  day  of  April  and  the  first  day  of  May  of 
iny  year,  takes,  catches,  or  kills,  any  steelhead  trout  above 
;ide  water,  or  who,  at  any  time  takes,  catches  or  kills,  any 
steelhead  trout,  except  with  hook  and  line,  or  has  in  his 
)ossession  any  steelhead  trout  which  have  been  taken, 
caught  or  killed,  except  with  hook  and  line;  or  who,  at  any 
ime  takes,  catches,  kills  or  has  in  his  possession,  during 
iny  one  calendar  day,  more  than  fifty  steelhead  trout,  is 
ruilty  of  a  misdemeanor.  Every  person  who  offers  for  ship- 
nent,  ships,  or  receives  for  shipment  or  transportation  from 
he  State  of  California  to  any  place  in  any  other  state,  ter- 
itory  or  foreign  country,  any  steelhead  or  other  trout 
■aught  or  taken  in  the  waters  of  this  state,  is  guilty  of  a 
nisdemeanor;  provided,  that  the  possession  of  such  steelhead 
)r  other  trout  shall  be  prima  facie  evidence  of  the  fact  that 
;uch  steelhead  or  other  trout  were  caught  or  taken  in  the 
vaters  of  this  state.  Every  person  found  guilty  of  any  vio- 
ation  of  any  of  the  provisions  of  this  section  must  be  fined 
n  a  sum  not  less  than  twenty  dollars  or  be  imprisoned  in 
ae  county  jail  in  the  county  in  which  the  conviction  shall 
)e  had,  not  less  than  ten  days  or  to  be  punished  by  both 
;uch  fine  and  imprisonment,  and  all  fines  collected  for  any 
'iolation  of  any  of  the  provisions  of  this  section  must  be 
)aid  into  tlie  state  treasury  to  the  credit  of  the  "fish  com- 
nission  fund."  Nothing  in  this  section  prohibits  the  United 
States  fish  commission  and  the  fish  commission  of  this  state 
rom  taking  at  all  times  such  trout  as  they  deem  necessary 
or  the  purpose  of  propagation  or  for  scientific  purposes. 
In   effect   March   15,    1907.) 

633b  (new).  Every  person  who,  at  any  time,  prior  to  the 
irst  day  of  January  one  thousand  nine  liundred  and  eleven, 
)uys,  sells,  offers  for  sale,  takes,  catches,  kills,  or  has  in  his 
)Ossession,  any  Sacramento  perch,  is  guilty  of  a  misdemeanor 
ind  is  punishable  by  a  fine  of  not  less  than  twenty  dollars 
)r  more  than  five  hundred  dollars,  or  by  imprisonment  in 
:he  county  jail  in  the  county  in  which  the  conviction  is  had, 
lot  less  than  twenty  days  or  more  than  one  hundred  and 
ifty  days,  or  be  punished  by  both  such  fine  and  imprison- 
nent,  and  all  fines  collected  for  any  violation  of  the  provi- 
iions  of  this  section  must  be  paid  into  the  state  treasury  to 
:he  credit  of  the  "fish  commission  fund."  (In  effect  March 
15,   1907.) 


634.  Every  person  who  between  the  seventeenth  day  of 
September  and  the  twenty-third  day  of  October  of  each  year, 
takes,  catches  or  kills,  buys,  sells,  offers  or  exposes  for  sale, 
or  has  in  his  possession  any  fresh  salmon;  every  person  who, 
between  the  twenty-third  day  of  October  and  the  fifteenth 
day  of  November  of  each  year,  takes  or  catches  any  salmon 
above  tide  water;  every  person  who  shall  set  or  draw,  or 
assist  in  setting  or  drawing,  any  net  or  seine  for  the  purpose 
of  taking  or  catching  salmon,  shad  or  striped  bass,  in  any 
of  the  waters  of  this  state,  at  any  time  between  sunrise  of 
each  Saturday  and  sunset  of  the  following  Sunday;  every 
person  who,  for  the  purpose  of  catching  salmon,  shad  or 
striped  bass,  in  any  of  the  waters  of  this  state,  fishes  with 
or  uses  any  seine  or  net,  dragnet,  or  paranzella,  the  meshes 
of  which  are,  when  drawn  closely  together  and  measured 
inside  the  knot,  less  tlian  seven  and  one-lialf  inches  in 
length,  is  guilty  of  a  misdemeanor,  and  is  punishable  by  a 
fine  not  less  than  two  hundred  dollars,  or  by  imprisonment 
In  the  county  jail  in  the  county  in  which  the  conviction 
shall  be  had,  not  less  than  one  hundred  and  fifty  days,  or  by 
both  such  fine  and  imprisonment,  and  all  fines  imposed  and 
collected  for  any  violations  of  the  provisions  of  this  section 
shall  be  paid  into  the  "fish  commission  fund."  In  the  con- 
struction and  meaning  of  this  section,  the  limits  of  tide 
water  in  the  Sacramento  river  shall  be  deemed  to  extend 
from  its  mouth  to  the  city  of  Sacramento;  in  the  San  Joaquin 
river,  from  its  mouth  to  the  Southern  Pacific  railroad  bridge 
near  Lathrop,  in  San  Joaquin  county;  in  Eel  river,  in  Hum- 
boldt county,  from  its  mouth  to  East  Ferry,  above  the  town 
of  Fortuna;  in  the  Klamath  river,  to  a  point  on  the  river 
north  of  the  residence  of  James  McGarvey;  in  Smith  river,  in 
Del  Norte  county,  from  its  mouth  to  Higgins  Ferry.  Nothing 
in  this  section  shall  prohibit  the  United  States  fish  commis- 
sion and  the  fish  commission  of  this  state,  from  taking,  at  all 
times,  such  fish  as  they  deem  necessary  for  the  purpose  of 
artificial  hatching.  ■  It  shall  be  no  defense  in  a  prosecution 
for  the  violations  of  any  of  the  provisions  of  this  section  that 
the  fish  were  caught  or  taken  outside  or  within  this  state. 
(In  effect  March  15,  1907.) 


247  GAME    AND    PISH.  §§  632b-634 

§  632b.     Only  hook  and  line  to  be  used  in  streams  where 
U.    S.    hatchery    is    located.     (Repealed.)     En.    stats.    1895, 

261.  Eep.  1897,  348. 

§  633.     Trout,  sale,  taking  or  possession  of.     (Repealed.) 

En.  February  14,  1872.     Am'd.  1877-8,  120;  1891,  110;  1895, 

262.  Eep.  1897,  348. 

§  634.  Taking,  sale,  or  possession  of  salmon,  when  pro- 
libited.  Every  person  who,  between  the  tenth  day  of  Sep- 
ember  and  the  sixteenth  day  of  October  of  each  year,  takes 
•r  catches,  buys,  sells,  offers  or  exposes  for  sale,  or  has  in 
-is  possession  any  fresh  salmon;  every  person  who,  between 
.he  fifteenth  day  of  October  and  the  fifteenth  day  of  No- 
vember of  each  year,  takes  or  catches  any  salmon  above 
:ide  water;  every  person  who  shall  set  or  draw,  or  assist 
in  setting  or  drawing,  any  net  or  seine  for  the  purpose  of, 
taking  or  catching  salmon,  shad,  striped  bass,  or  sturgeon, 
in  any  of  the  waters  of  the  state,  at  any  time  between  sun- 
rise of  each  Saturday  and  sunset  of  the  following  Sunday; 
every  person  who,  for  the  purpose  of  catching  salmon,  shad, 
striped  bass,  or  sturgeon,  in  any  of  the  waters  of  the  state, 
fish  with  or  use  any  seine  or  net,  drag-net,  or  paranzella, 
the  meshes  of  which  are,  when  drawn  closely  together  and 
measured  inside  the  knot,  less  than  seven  and  one-half  inches 
in  length,  is  guilty  of  a  misdemeanor,  and  is  punishable  by 
a  fine  not  less  than  two  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  in  which  the  conviction  shall  be  had, 
not  less  than  one  hundred  and  fifty  days,  or  by  both  such 
fine  and  imprisonment,  and  all  the  fines  imposed  and  col- 
lected for  any  violations  of  the  provisions  of  this  section 
shall  be  paid  into  the  "fish  commission  fund."  In  the  con- 
struction and  meaning  of  this  section,  the  limits  of  tide 
water  in  the  Sacramento  River  shall  be  deemed  to  extend 
from  its  mouth  to  the  city  of  Sacramento;  in  the  San 
Joaquin  River,  from  its  mouth  to  the  Southern  Pacific 
Railroad  bridge  near  Lathrop,  in  San  Joaquin  County;  in 
Eel  River,  in  Humboldt  County,  from  its  mouth  to  East 
Ferry,  above  the  town  of  Fortuna;  in  the  Klamath  River, 
to  a  point  on  the  river  north  of  the  residence  of  James 
McGarvey;  in  Smith  River,  in  Del  Norte  County,  from 
its  mouth  to  Higgins  Ferry.  Nothing  in  this  section  shall 
prohibit  the  United  States  fish  commission  and  the  fish 
commission  of  this  state,  from  taking,  at  all  times,  such 
fish  as  they  deem  necessary  for  the  purposes  of  artificial 
hatching.     It  shall  be  no   defense   in  a   prosecution  for  the 


"§  635,  638  GAME    AND    FISH.  :i4S 

violation  of  any  of  the  provisions  of  this  section  that  the 
fish  were  caught  or  taken  outside  or  within  this  state.  En. 
February  14,  1872.  Am'd.  1873-4,  465 j  1875-6,  114;  1877-8, 
120;  1881,  13;  1883,  81;  1885,  99;  1895,  262;  1897,  20. 
Cal.  Rep.  Cit.  73,  258;  107,  281;  139,  115;  139,  116;  139, 
465. 

§  635.  Use  of  explosives,  and  pollution  of  waters.  Every 
person  who  places  or  causes  to  be  placed  in  any  of  the 
waters  of  this  state,  dynamite,  gunpowder,  or  other  explo- 
sive compound,  for  the  purpose  of  killing  or  taking  fish; 
or  who  takes,  procures,  kills,  or  destroys  any  fish  of  any 
kind  by  means  of  explosives;  or  who  places  or  allows  to 
pass,  or  who  places  where  it  can  pass  into  anj'^  of  the 
waters  of  this  state,  any  lime,  gas,  tar,  cocculus  indicus,  slag, 
sawdust,  shavings,  slabs,  edgings,  mill  or  factory  refuse, 
or  any  substance  deleterious  to  fish,  is  guilty  of  a  misde- 
meanor, and  is  punishable  by  a  fine  of  not  less  than  two 
hundred  and  fifty  dollars,  or  by  imprisonment  in  the  county 
jail  in  the  county  in  which  the  conviction  is  had,  not  less 
than  one  hundred  and  twenty-five  days,  or  by  both  such  fine 
and  imprisonment;  and  all  fines  imposed  and  collected  for 
any  violation  of  any  of  the  provisions  of  this  section  shall 
be  paid  into  the  state  treasury  to  the  credit  of  the  "fish 
commission  fund."  En.  February  14,  1872.  Am'd.  1875-6, 
115;  1889,  61;  1895,  262;  1897,  348;  1901,  55;  1903,  25. 

Cal.  Eep.  Cit.  107,  281;  139,  116;  143,  641. 

§  636.  Setting  net,  trap,  etc.,  for  fish.  Every  person 
who  shall  cast,  extend,  or  set  any  seine  or  net  of  any  kind, 
for  the  catching  of  any  fish  in  any  river,  stream,  or  slough 
of  this  state,  which  shall  extend  more  than  one  third  across 
the  width  of  said  river,  stream,  or  slough,  at  the  time  and 
place  of  such  fishing;  every  person  who  shall  cast,  extend, 
set,  use,  or  continue,  or  who  shall  assist  in  casting,  extend- 
ing, using,  or  continuing  "Chinese  shrimp  or  bag  net,"  or 
a  net  of  similar  character,  for  the  catching  of  fish  in  the 
waters  of  this  state;  every  person  who  shall  cast,  extend,  set, 
use,  or  continue,  or  have  in  his  possession,  or  who  shall  assist 
in  casting,  extending,  or  using  "Chinese  sturgeon  lines,"  or 
lines  of  a  similar  character;  every  person  who  shall  set,  use 
or  continue,  or  shall  assist  in  setting,  using,  or  continuing 
any  pound  weir,  set-net,  trap,  or  any  other  fixed  or  perma- 
nent contrivance  for  catching  fish  in  the  waters  of  this 
state — and  every  net   shall  be   considered  a  set-net   that   is 


249  GAME   AND    FISH.  §§  636a,  637 

secured  in  any  way  and  not  free  to  drift  with  the  current  or 
tide — is  guilty  of  a  misdemeanor,  and  is  punishable  by  a  fine 
of  not  less  than  one  hundred  dollars,  or  by  imprisonment 
in  the  county  jail  in  the  county  in  which  the  conviction 
shall  be  had,  not  less  than  fifty  days,  or  by  both  such  fine 
and  imprisonment;  and  all  the  fines  imposed  and  collected 
for  any  violation  of  any  of  the  provisions  of  this  section 
shall  be  paid  into  the  "fish  commissioners'  fund."  En. 
February  14,  1872.  Am'd.  1875-6,  115;  1877-8,  120;  1881,  12;- 
1883,  82;  1887,  237;.  1893,  215;  1895,  263;  1897,  349. 

Cal.  Eep.  Cit.  57,  251;  57,  252;  73,  258;  107,  281;  114,  371; 
124,  151;   124,  152;  124,  153;  124,  154. 

§  636a.  Nets,  seines,  etc.,  prohibited.  Any  net,  seine, 
drag-net,  paranzella,  or  set-net  used  for  taking  or  catch- 
ing fish,  which  shall  be  used  or  maintained  in  any  of  the 
waters  of  thi3  state  in  violation  of  any  existing  or  hereafter 
enacted  statutes  or  laws  of  this  state  for  the  protection  of 
fish,  is  hereby  declared  to  be  a  j)ublic  nuisance,  and  it  is 
the  duty  of  every  peace  ofiicer  to  seize  and  keep  the  same 
and  report  such  seizure  to  the  board  of  fish  commissioners 
of  the  state.  Thereupon  said  board  must  commence  pro- 
ceedings in  the  superior  court  of  the  county  or  city  and 
county  in  which  the  same  shall  be  seized,  by  filing  a  peti- 
tion in  said  court,  asking  for  a  judgment  forfeiting  such 
net,  seine,  drag-net,  paranzella,  or  set-net  so  seized,  and 
ordering  the  destruction  thereof.  Upon  the  filing  of  such 
petition,  is  the  duty  of  the  clerk  of  said  court  to  fix  a 
time  for  the  hearing  thereof  and  to  cause  notices  to  be 
posted  for  the  space  of  fourteen  days  in  at  least  three  pub- 
lic places  in  the  town,  city,  or  city  and  county,  where  the 
court  is  held,  setting  forth  the  substance  of  such  petition 
and  the  time  and  place  fixed  for  its  hearing,  and  if  at  the 
time  fixed  for  such  hearing,  no  person  appears  and  claims 
such  net,  seine,  drag-net,  paranzella,  or  set-net,  the  court 
must  proceed  to  hear  and  determine  said  proceeding  ac- 
cording to  law,  and  u]3on  proof  that  the  said  net,  seine,  drag- 
net, paranzella,  or  set-net  was  used  in  violation  of  law,  must 
order  the  same  to  be  forfeited  and  destroyed.  En.  Stats. 
1901,  56. 

§  637,     Fish  commissioners  to  examine  dams.     Fishways. 

It  shall  be  the  duty  of  the  state  board  of  fish  commissioners 
to  examine,  from  time  to  time,  all  dams  and  artificial 
obstructions    in    all    rivers    and    streams    in    this    state    nat- 


§  637a  GAME    AND    FISH.  250 

urally  frequented  by  salmon,  shad,  and  other  migratory 
fish;  and  if,  in  their  opinion,  there  is  not  free  passage  for 
fish  over  or  around  any  dam  or  artificial  obstruction,  to 
notify  the  owners  or  occupants  thereof  to  provide  the  same, 
within  a  specified  time,  with  a  durable  and  efficient  fish- 
way,  of  such  form  and  capacity,  and  in  such  location  as 
shall  be  determined  by  the  fish  commissioners,  or  persons 
authorized  by  them,  and  such  fishway  must  be  completed 
by  the  owners  or  occupants  of  such  dam  or  artificial  ob- 
struction to  the  satisfaction  of  said  commissioners,  within 
the  time  specified;  and  it  shall  be  incumbent  upon  the 
owners  or  occupants  of  all  dams  or  artificial  obstructions, 
where  the  state  board  of  fish  commissioners  require  sucti 
fishways  to  be  provided,  to  keep  the  same  in  repair  and 
open  and  free  from  obstruction  to  the  passage  of  fish  at 
all  times;  and  no  person  shall  willfully  destroy,  injure, 
or  obstruct  any  such  fishway,  or  at  any  time  take  or  catch 
any  salmon,  shad,  or  other  migratory  fish  or  trout,  except 
by  hook  and  line  within  three  hundred  feet  of  any  fishway 
required  by  the  state  board  of  fish  commissioners  to  be  pro- 
vided and  kept  open,  or  at  any  time  take  or  catch  any  such 
fish  in  any  manner  within  'fifty  feet  of  such  fishway;  and 
every  person  violating  any  of  the  provisions  of  this  act  is 
guilty  of  a  misdemeanor,  and  every  person  found  guilty  of  a 
violation  of  any  the  provisions  of  this  act  must  be  fined 
in  a  sum  not  less  than  one  hundred  dollars,  or  imprisoned 
in  the  county  jail  of  the  county  in  which  the  conviction 
shall  be  had  not  less  than  fifty  days,  or  by  both  such  fine 
and  imprisonment;  and  all  fines  imposed  and  collected  for 
any  violations  of  the  provisions  of  this  act  shall  be  paid 
into  the  state  treasury  to  the  credit  of  the  "fish  commis- 
sion fund."  En.  February  14,  1872.  Am'd.  1891,  93;  1903, 
25. 

Cal.  Eep.  Cit.     135,  470. 

Acts  relating  to  fishing  and  the  protection  of  fish:  See 
post.  Appendix,  title  Fish. 

Fishway,  act  relating  to:  See  post.  Appendix,  title  Fish. 

§  637a.  Killing  of  birds  other  than  game,  meadow  lark, 
etc.;  exceptions;  certain  birds  not  included.  Every  person 
who,  in  the  State  of  California,  shall  at  any  time,  hunt,  shoot, 
shoot  at,  pursue,  take,  kill,  or  destroy,  buy,  sell,  give  away, 
or  have  in  his  possession,  except  upon  a  written  permit  from 
the  board  of  fish  commissioners  of  the  State  of  California, 
for  the  purpose  of  propagation  or  for  education  or  scientific 


637a.  Every  person  who,  in  the  State  of  California, 
shall  at  any  time,  hunt,  shoot,  shoot  at,  pursue,  talte,  kill, 
or  destroy,  buy,  sell,  give  away,  or  have  in  his  possession, 
except  upon  a  written  permit  from  the  board  of  fish  com- 
missioners of  the  State  of  California,  for  the  purpose  of 
propagation  or  for  education  or  scientific  purposes,  any 
meadow  lark,  robin,  or  any  wild  bird,  living  or  dead,  or 
any  part  of  any  dead  wild  bird,  or  who  shall  rob  the  nest, 
or  take,  sell  or  offer  for  sale  or  destroy  the  eggs  of  any 
meadow  lark,  robin,  or  of  any  wild  bird,  is  guilty  of  a 
misdemeanor;  provided  that  nothing  in  this  section  shall 
prohibit  the  killing  of  a  meadow  lark,  robin,  or  other  wild 
bird  by  the  owner  or  tenant  of  any  premises  where  such 
bird  is  found  destroying  berries,  fruit  or  crops  growing 
on  such  premises,  but  the  birds  so  killed  shall  not  be  shipped 
or  sold.  The  English  sparrow,  sharp-shinned  hawk.  Cooper's 
hawk,  duck  hawk,  great  horned  owl,  bluejay,  Butcher  bird 
house  finch  (known  also  as  the  California  linnet),  wild 
pigeon,  all  fish-eating  birds,  except  sea-gulls  and  the  blue 
and  white  crane  or  heron,  and  all  birds  otherwise  pro- 
tected by  the  provisions  of  this  code,  are  not  included 
among  the  birds  protected  by  this  section.  (In  effect 
March  21,   1907.) 

637b  (new).  The  provisions  of  this  chapter  prohibiting 
any  person  from  having  in  his  possession  any  fish  or  game 
or  parts  thereof  at  any  time,  or  during  the  seasons  herein 
specified,  shall,  unless  express  provisions  be  made  herein 
to  the  contrary,  apply  to  all  such  fish  or  game  or  parts 
thereof,  whether  the  said  fish  or  game  or  the  fish  or  game 
from  which  the  parts  were  taken  were  caught  or  killed  in 
the  State  of  California,  or  the  said  fish  or  game  or  parts 
thereof  were  shipped  into  this  state  from  any  other  state, 
territory  or  foreign  country.     (In  effect  March  21)  1907.) 


251  MISCELLANEOUS   OFFENSES.  S  638 

purposes,  any  meadow  lark,  or  any  wild  bird,  livin^^  or  dead, 
or  any  part  of  any  dead  wild  bird,  or  who  shall  rob  the  nest, 
or  take,  sell  or  offer  for  sale  or  destroy  the  eggs  of  any 
meadow  lark  or  of  any  wild  bird,  is  guilty  of  a  misde- 
meanor; provided,  that  nothing  in  this  section  shall  prohibit 
the  killing  of  a  meadow  lark  or  other  wild  bird  by  the  owner 
or  tenant  of  any  premises  where  such  bird  is  found  destroy- 
ing berries,  fruit  or  crops  growing  on  such  premises,  but  the 
birds  so  killed  shall  not  be  shipped  or  sold.  The  English 
sparrow,  sharp-shinned  hawk.  Cooper 's  hawk,  duck  hawk, 
great  horned  owl,  bluejay,  house  finch  (known  also  as  the 
California  linnet),  and  all  birds  otherwise  protected  by  the 
provisions  of  this  code  and  those  birds  commonly  known  as 
game  birds,  are  not  included  among  the  birds  protected  by 
this  section.     En.  Stats.  1901,  573.     Am'd.  1905,  114. 


GHAPTEE  II. 

OF  OTHER  AND  MISCELLANEOUS  OFFENSES. 

5  638.     Neglect    or    postponement    of  telegraphic   or  telephonic   messages. 

J  639.  Employee  using  information  contained  in  telegraphic  or  tele- 
phonic  messages. 

§  640.  Clandestinely  learning  the  contents  of  a  telegraphic  or  tele- 
phonic   message. 

§  641.     Bribing   telegraph    or    telephone   operator. 

§  642.     Collecting  tolls,   etc.,   at   San  Fi'ancisco,   without  authority. 

§  643.     Violations   of   police   regulations   of   San    Francisco   Harbor. 

§  644.     Enticing  seamen  to  desert. 

5  645.     Harboiing  deserting  seamen. 

§  646.    Aiding  apprentices  to   run  away  or  harboring  them. 

§  647.     Vagrants. 

§  64S.     Issuing   or   circulating   paper   money. 

§  649.     Officers   of   Are   department   issuing   false   certificates. 

§  650.     Sending    letters    threatening   to    expose   another. 

§  SaOVi.  Seriously    injuring    persons    or   property,    etc.,    a    misdemeanor. 

§  651.     Requiring  apprentices  to  work   more   than  eight  hours. 

§  652.     National   Guard;   failure  to  attend  parade. 

§  653.     Members  of  National  Guard,   insubordination  of. 

§  6.531/4.  Appraiser  accepting  fees  not  allowed. 

§  653b.  Abuse    of   school    teachers. 

§  653c.  Unlawful  to  permit  workmen  upon  public  works  to  work  more 
than  eight   hours   per  day. 

§  653d.  Retaining    wages    of    employee. 

§  654.     Abuse    of    school    teachers.     (Repealed.) 

§  638.  Neglect  or  postponement  of  telegraphic  or  tele- 
phonic messages.  Every  agent,  operator,  or  employee  of  any 
telegraph  or  telephone  office,  who  willfully  refuses  or  neg- 
lects to  send  any  message  received  at  such  office  for  trans- 
mission, or  willfully  postpones  the  same  out  of  its  order,  or 
willfully  refuses  or  neglects  to  deliver  any  message  received 


§§  639,  640  MISCELLANEOUS    OFFENSES.  252 

by  telegraph  or  telephone,  is  guilty  of  a  misdemeanor.  Noth- 
ing herein  contained  must  be  construed  to  require  any  mes- 
sage to  be  received,  transmitted,  or  delivered,  unless  the 
charges  thereon  have  been  paid  or  tendered,  nor  to  require 
the  sending,  receiving,  or  delivery  of  any  message  counsel- 
ing, aiding,  abetting,  or  encouraging  treason  against  the  gov- 
ernment of  the  United  States  or  of  this  state  or  other  re- 
sistance to  the  lawful  authority,  or  any  message  calculated 
to  further  any  fraudulent  plan  or  purpose,  or  to  instigate 
or  encourage  the  perpetration  of  any  unlawful  act,  or  to 
facilitate  the  escape  of  any  criminal  or  person  accused  of 
crime.  En.  February  14,  1872.  Am'd.  1905,  690. 
The  change  consists  in  the  insertion  of  the  words  "or  telephone,"  be- 
fore   "office." — Code   Commissioner's   Note. 

Carriers  of  messages:  See  Civ.  Code,  sees.  2161,  2162,  2207. 

§  639.  Employee  using  information  contained  in  tele- 
graphic or  telephonic  messages.  Every  agent,  operator,  or 
employee  of  any  telegraph  or  telephone  office,  who  in  any 
way  uses  or  appropriates  any  information  derived  by  him 
from  any  private  message  passing  through  his  hands,  and 
addressed  to  any  other  person,  or  in  any  other  manner  ac- 
quired by  him  by  reason  of  his  trust  as  such  agent,  operator, 
or  employee,  or  trades  or  speculates  upon  any  such  informa- 
tion so  obtained,  or  in  any  manner  turns,  or  attempts  to  turn, 
the  same  to  his  own  account,  profit,  or  advantage,  is  pun- 
ishable by  imprisonment  in  the  state  prison  not  exceeding 
five  years,  or  by  imprisonment  in  the  county  jail  not  exceed- 
ing one  year,  or  by  fine  not  exceeding  five  thousand  dollars, 
or  both  by  such  fine  and  imprisonment.  En.  February  14, 
1872.     Am'd.  1905,  690. 

The  change   consists   in   the   insertion   of  the   words    "or   telephone,"    be- 
fore   "office." — Code   Commissioner's   Note. 

§  640.  Clandestinely  learning  contents  of  telegraphic  or 
telephonic  messages.  Every  person  who,  by  means  of  any 
machine,  instrument,  or  contrivance,  or  in  any  other  manner, 
willfully  and  fraudulently  reads,  or  attempts  to  read,  any 
message,  or  to  learn  the  contents  thereof,  whilst  the  same 
is  being  sent  over  any  telegraph  ft'  telephone  line,  or  will- 
fully and  fraudulently,  or  clandestinely,  learn  or  attempts 
to  learn  the  contents  or  meaning  of  any  message,  while  the 
same  is  in  any  telegraph  or  telephone  office,  or  is  being  re- 
ceived thereat  or  sent  therefrom,  or  who  uses  or  attempts 
to  use,  or  communicates  to   others,   any  information  so  ob- 


252a  MISCELLANEOUS    OFFENSES.  §§  641-644 

tained,  is  punishable  as  provided  in  section  six  hundred  and 
thirty-nine.     En.  February  14,  1872.     Am'd.  1905,  691. 

The   change   consists   in   the   insertion   of   the   words    "or   telephone,''    be- 
fore   "line"    and   before    "offlce." — Code    Commissioner's   Note. 

§  641.  Bribing  telegraph  or  telephone  operator.  Every 
person  who,  by  the  payment  or  promise  of  any  bribe,  in- 
ducement, or  reward,  procures  or  attempts  to  iirocure  any 
telegraph  or  telephone  agent,  operator,  or  employee  to  dis- 
close any  private  message,  or  the  contents,  purport,  sub- 
stance, or  meaning  thereof,  or  offers  to  any  such  agent,  oper- 
ator, or  employee  any  bribe,  compensation,  or  reward  for  the 
disclosure  of  any  private  information  received  by  him  by 
reason  of  his  trust  as  such  agent,  operator,  or  employee,  or 
uses  or  attempts  to  use  any  such  information  so  obtained,  is 
punishable  as  provided  in  section  six  hundred  and  thirty- 
nine.     En.  February  14,   1872.    -Am'd.   1905,   691, 

The  change  consists   in   the   insertion   of   the   words    "or   telephone,"    be- 
fore   "act." — Code   Commissioner's   Note. 

Cal.  Eep.   Cit.     61,  622. 

§  642.  Collecting  tolls,  etc.,  at  San  Francisco,  without 
authority.  Every  person  who  collects  any  toll,  wharfage, 
or  dockage,  or  lands,  ships,  or  removes  any  property  upon 
or  from  any  portion  of  the  water-front  of  San  Francisco,  or 
from  or  upon  any  of  the  wharves,  piers,  or  landings  un- 
der the  control  of  the  board  of  state  harbor  commissioners, 
without  being  by  such  board  authorized  so  to  do,  is  guilty 
of  a  misdemeanor.     En.  February  14,  1872. 

Cal.  Eep.  Cit.   71,   7. 

Wharfage:  See  Pol.  Code,  sees.  2527,  2582. 

§  643.  Violations  of  police  regulations  of  San  Francisco 
Harbor.  Every  person  who  violates  any  of  the  provisions 
of  the  laws  of  this  state  relating  to  sailor  boarding-houses 
and  shipping-offices  in  San  Francisco,  or  who  receives  any 
gratuity  or  reward  other  than  as  therein  provided,  for 
tlie  performance  of  any  services  under  a  license  issued 
pursuant  to  the  provisions  of  such  laws,  is  guilty  of  a  mis- 
demeanor.    En.   February   14,   1872. 

Cal.  Rep.  Cit.  71,  7. 

§  644.  Enticing  seamen  to  desert.  Every  person  who 
entices  seamen  to  desert  from  any  vessel  lying  in  the 
waters   of   this   state,   and   on   board   of  which     they     have 


§§  645-647  MISCELLANEOUS    OFFENSES.  252b 

shipped  for  a  term  or  voyage  unexpired  at  the  time  of  such 
enticement,   is  guilty  of  a  misdemeanor.     En.  February  14, 

1872. 

§  645.     Harboring  deserting  seamen.     Every   person  who 

■  harbors    or    secretes    any    seaman,    knowing      him      to      be 

shipped,    and   with    a   view    to    persuade    or    enable    him   to 

desert,  is  guilty  of  a  misdemeanor.     En.  February  14,  1872. 

§  646.  Aiding  apprentices  to  run  away  or  harboring 
them.  Every  person  who  willfully  and  knowingly  aids,  as- 
sists or  encourages  to  run  away,  or  who  harbors  or  conceals 
any  person  bound  or  held  to  service  or  labor,  is  guilty  of 
a  misdemeanor.     En.  February  14,   1872. 

Apprentices:  Civ.  Code,  sees.  264  et  seq,"^  and  Appendix 
to  Civ.  Code,  title  Apprentices. 

§  647.  Vagrants.  1.  Every  person  (except  a  California 
Indian)  without  visible  means  of  living  who  has  the  phys- 
ical ability  to  work,  and  who  does  not  seek  employment, 
nor  labor  when  employment  is  offered  him;  or, 

2.  Every  healthy  beggar  who  solicits  alms  as  a  business; 
or, 

3.  Every  person  who  roams  about  from  place  to  place 
without  any  lawful  business;  or, 

4.  Every  person  known  to  be  a  pickpocket,  thief,  burglar, 
or  confidence  operator,  either  by  his  own  confession,  or  by 
his  having  been  convicted  of  either  of  such  offenses,  and 
having  no  visible  or  lawful  means  of  support,  when  found 
loitering  around  any  steamboat  landing,  railroad  depot, 
banking  institution,  brokers'  office,  place  of  amusement, 
auction  room,  store,  shop,  or  crowded  thoroughfare,  car, 
or  omnibus,  or  at  any  public  gathering  or  assembly;  or 

5.  Every  idle,  or  lewd,  or  dissolute  person,  or  asso(?iate  of 
known  thieves;  or, 

6.  Every  person  who  wanders  about  the  streets  at  late 
or  unusual  hours  of  the  night,  without  any  visible  or  law- 
ful business;  or, 

7.  Every  person  who  lodges  in  any  barn,  shed,  shop,  out- 
house, vessel,  or  place  other  than  such  as  is  kept  for  lodg- 
ing purposes,  without  the  permission  of  the  owner  or  party 
entitled  to  the  possession  thereof;  or, 

8.  Every  person  who  lives  in  and  about  houses  of  ill- 
fame;  or. 


645.     Repealed.     (In  effect  March  15,  1907.) 


252c  MISCELLANEOUS   OFFENSES.  §§  648-6501^ 

9.  Every  person  who  acts  as  a  runner  or  capper  for  at- 
torneys in  and  about  police  courts  or  city  prisons;  or, 

10.  Every  common  prostitute;  or, 

11.  Every  common  drunkard,  is  a  vagrant,  and  is  pun- 
ishable by  a  fine  not  exceeding  five  hundred  dollars,  or 
by  imprisonment  in  the  county  jail  not  exceeding  six 
months,  or  by  both  such  fine  and  imprisonment.  En.  Feb- 
ruary 14,  1872.     Am'd.  1891,  130;  1903,  96. 

Cal.  Eep.  Cit.  63,  304;  72,  385;  82,  614;  88,  102;  88,  113; 

108,  .57;  147,  292. 
Jurisdiction   of  police   courts  in   cases  of:    See  Pol.   Code, 
sec.  4420. 

§  648.  Issuing  or  circulating  paper  money.  Every  per- 
son who  makes,  issues,  or  puts  in  circulation  any  bill, 
check,  ticket,  certificate,  promissory  note,  or  the  paper  of 
any  bank,  to  circulate  as  money,  except  as  authorized  by 
the  laws  of  the  United  States,  for  the  first  offense  is  guilty 
of  a  misdemeanor,  and  for  each  and  every  subsequent  of- 
fense is  guilty  of  felony.     En.  February  14,  1872. 

See  Civ.  Code,  sec.  356. 

§  649.  Officers  of  fire  department  issuing  false  certifi- 
cates. Every  officer  of  a  fire  department  who  willfully  is- 
sues, or  causes  to  be  issued,  any  certificate  of  exemption 
to  a  person  not  entitled  thereto,  is  guilty  of  a  misdemeanor. 
En.  February  14,  1872. 

§  650.     Sending    letters    threatening    to    expose    another. 

Every  person  who  knowingly  and  willfully  sends  or  delivers 
to  another  any  letter  or  writing,  whether  subscribed  or  not, 
threatening  to  accuse  him  or  another  of  a  crime,  or  to  ex- 
pose or  publish  any  of  his  failings  or  infirmities,  is  guilty 
of  a  misdemeanor.  En.  February  14,  1872. 
See  ante,  sec.  523. 

§  650V2.  Seriously  injuring  persons  or  property,  etc.,  a 
misdemeanor.  A  jjerson  who  willfully  and  wrongfully  com- 
mits any  act  which  seriously  injures  the  person  or  property 
of  another,  or  which  seriously  disturbs  or  endangers  the 
public  peace  or  health,  or  which  openly  outrages  public  de- 
cency, or  who  willfully  and  wrongfully  in  any  manner,  ver- 
bal or  written,  uses  another 's  name  for  accomplishing 
lewd  or  licentious  purposes,  whether  such  purposes  are  ac- 


§§  651-653%  MISCELLANEOUS    OFFENSES.  2523 

complished  or  not,  or  who  willfully  and  wrongfully  uses 
another 's  name  in  any  manner  that  will  affect,  or  have  a 
tendency  to  affect  the  moral  reputation  of  the  person 
whose  name  is  used,  generally,  or  in  the  estimation  of 
the  person  or  persons  to  whom  it  is  so  used,  or  who  with 
intent  of  accomplishing  any  lewd  or  licentious  purpose, 
whether  such  purpose  is  accomplished  or  not,  personifies 
any  person  other  than  himself,  or  who  causes  or  procures 
any  other  person  or  persons  to  identify  him,  or  to  give  as- 
surance that  he  is  any  other  person  than  himself  to  aid 
or  assist  him  to  accomplish  any  lewd  or  licentious  purpose, 
for  which  no  other  punishment  is  expressly  prescribed  by 
this  code,  is  guilty  of  a  misdemeanor.     En.  Stats.  1903,  235. 

§  651,  Requiring  apprentices  to  work  more  than  eight 
hours.  Every  person  having  a  minor  child  under  his  con- 
trol, either  as  a  ward  or  an  apprentice,  who,  except  in 
vinicultural  or  horticultural  pursuits,  or  in  domestic  or 
household  occupations,  requires  such  child  to  labor  more 
than  eight  hours  in  any  one  day,  is  guilty  of  a  misdemeanor. 
En.  February  14,   1872. 

Cal.  Eep.  Cit.  63,  304. 

§  652.  National  Guard;  failure  to  attend  parade.  Every 
commissioned  officer  of  the  National  Guard  who  willfully 
fails  to  attend  any  parade  or  encampment,  and  every  mem- 
ber of  the  National  Guard  who  neglects  or  refuses  to  obey 
the  lawful  command  of  his  superior  on  any  day  of  parade 
or  encampment,  or  to  perform  such  military  duty  as  may 
be  lawfully  required  of  him,  is  punishable  by  a  fine  of  not 
less  than  five  nor  more  than  one  hundred  dollars.  En.  Feb- 
ruary 14,   1872. 

Cal.  Eep.  Cit.   109,  291. 

Disobeying  orders:  Pol.  Code,  sec.  1930. 

Parades   and   drills:    Pol.   Code,   sees.    2018-2030. 

§  653.    Members  of  National  Guard,  Insubordination  of. 

Every  member  of  the  National  Guard  who,  when  duly  noti- 
fied, fails  to  appear  at  a  parade,  or  who  disobeys  any  law- 
ful order,  or  who  uses  disrespectful  language  towards  his 
superior,  or  who  commits  any  act  of  insubordination,  is 
guilty  of  a  misdemeanor.     En.  February  14,  1872. 

§  6531/2.  Appraiser  accepting  fees  not  allowed.  Any 
appraiser,  appointed  by  virtue  of  section  one  thousand  four 


253  MISCELLANEOUS    OFFENSES.  §§  653b-653e 

hundred  and  forty-four  of  the  Code  of  Civil  Procedure, 
who  shall  accept  any  fees,  reward,  or  compensation  other 
than  that  provided  for  by  law,  from  any  executor,  admin- 
istrator, trustee,  legatee,  next  of  kin  or  heir  of  any  decedent, 
or  from  any  other  person,  is  guilty  of  a  misdemeanor.  En. 
Stats.  1899,  35. 

§  653b.  Aubse  of  school  teachers.  Every  parent,  guard- 
ian, or  other  person  who  upbraids,  insults,  or  abuses  any 
teacher  of  the  public  schools,  in  the  presence  or  hearing  of 
a  pupil  thereof,  is  guilty  of  a  misdemeanor.  En.  Stats. 
1873-4,  435,  as  section  654.  Renumbered  and  amended  1905, 
658. 

There    are    now    in    this    Code    two    sections    each    numbered    654.    The 
change    consists    in    renumbering    the    one    approved    March    30,     1874, 
to  read   653b.— Code  Commissioner's  Note. 
There    were    formerly    two    sections    654.    The    one    above    renumbered 

653b  and  amended   in  1905,    was  enacted  in  1873-4.    The  other,   enacted   In 

1872,   is  unchanged. 

Cal.  Eep.  Cit.  49,  395. 

Abusing  teacher  in  presence  of  a  class  a  misdemeanor: 
See  Pol.  Code,  sec.  1867. 

Disturbing  public  schools  or  school  meeting  a  misde- 
meanor: See  Pol.  Code,  sec.  1868. 

§  653c.  Unlawful  to  permit  workmen  upon  public  works 
to  work  more  than  eight  hours  per  day.  The  time  of  ser- 
vice of  any  laborer,  workman,  or  mechanic  employed  upon 
any  of  the  public  works  of  the  State  of  California,  or  of 
any  political  subdivision  thereof,  or  upon  work  done  for 
said  state,  or  any  political  subdivision  thereof,  is  hereby 
limited  and  restricted  to  eight  hours  during  any  one  calen- 
dar day;  and  it  shall  be  unlawful  for  any  officer,  or  agent 
of  said  state,  or  of  any  political  subdivision  thereof,  or  for 
any  contractor  or  sub-contractor  doing  work  under  contract 
upon  any  public  works  aforesaid,  who  employs,  or  who  di- 
rects or  controls,  the  work  of  any  laborer,  workman,  or 
mechanic,  employed  as  herein  aforesaid,  to  require  or  per- 
mit such  laborer,  workman,  or  mechanic,  to  labor  more 
than  eight  hours  during  any  one  calendar  day,  except  in 
cases  of  extraordinary  emergency,  caused  by  fire,  flood,  or 
danger  to  life  or  property,  or  except  to  work  upon  public 
military  or  naval  defenses  or  works  in  time  of  war.  Any 
officer  or  agent  of  the  State  of  California,  or  of  any  political 
subdivision  thereof,  making  or  awarding,  as  such  officer  or 
agent,  any  contract,  the  execution  of  which  involves  or  may 


§  653d  MISCELLANEOUS    OFFENSES.  254 

involve  the  employment  of  any  laborer,  workman,  or  me- 
chanic upon  any  of  the  public  works,  or  upon  any  work, 
hereinbefore  mentioned,  shall  cause  to  be  inserted  therein 
a  stipulation  which  shall  provide  that  the  contractor  to 
whom  said  contract  is  awarded  shall  forfeit,  as  a  penalty, 
to  the  state  or  political  subdivision  in  whose  behalf  the  con- 
tract is  made  and  awarded,  ten  dollars  for  each  laborer, 
workman,  or  mechanic  employed,  in  the  execution  of  said 
contract,  by  him,  or  by  any  subcontractor  under  him,  upon 
any  of  the  public  works,  or  upon  any  work,  hereinbefore 
mentioned,  for  each  calendar  day  during  which  such  laborer, 
workman,  or  mechanic  is  required  or  permitted  to  labor 
more  than  eight  hours  in  violation  of  the  provisions  of  this 
act;  and  it  shall  be  the  duty  of  such  officer  or  agent  to 
take  cognizance  of  all  violations  of  the  provisions  of  said 
act  committed  in  the  course  of  the  execution  of  said  con- 
tract, and  to  report  the  same  to  the  representative  of  the 
state  or  political  subdivisions,  party  to  the  contract,  author- 
ized to  pay  to  said  contractor  moneys  becoming  due  to  him 
under  the  said  contract,  and  said  representative,  when  mak- 
ing payment  of  moneys  thus  due,  shall  withhold  and  retain 
therefrom  all  sums  and  amounts  which  shall  have  been  for- 
feited pursuant  to  the  herein  said  stipulation.  Any  officer, 
agent,  or  representative  of  the  State  of  California,  or  of 
any  political  subdivision  thereof,  who  shall  violate  any  of 
the  provisions  of  this  section,  shall  be  deemed  guilty  of  mis- 
demeanor, and  shall  upon  conviction  be  punished  by  fine  not 
exceeding  five  hundred  dollars,  or  by  imprisonment,  not  ex- 
ceeding six  months,  or  by  both  such  fine  and  imprisonment, 
in  the  discretion  of  the  court.    En.  Stats.  1905,  666. 

This  is  a  new  section,  co-difying  word  for  word,  the  eight-hour  law 
passed   at   the    last    session    (Stats.    1903,    p.    119.) — Code   Commissioner's 

Note. 

§  653d.  Retaining  wages  of  employee.  Every  person  who 
employs  laborers  upon  public  works,  and  who  takes,  keeps, 
or  receives  for  his  own  use  any  part  or  portion  of  the  wages 
due  to  any  such  laborers  from  the  state  or  municipal  cor- 
poration for  which  such  work  is  done,  is  guilty  of  a  felony. 
En.  Stats.  1905,  667. 

This  is  a  new  section,  codifying  the  statute  of  1S71-2,  page  951,  to 
protect  wages  of  labor,  inserting,  however,  the  words  "for  his  own 
use,"  to  ma  lie  same  conform  to  intention  of  original  act. — Code  Com- 
missioner's   Note. 

See  note  to  §  653b,  ante. 


255  GENERAL   PROVISIONS    REGARDING    CRIME.  §  654 

§  654.     Abuse  of  school  teachers. 

'I'here  are  now  in  this  Code  two  sections  eacli  numbered  654.  The 
change  consists  in  renumbering  the  one  approved  March  30,  1874,  to 
read   653b. — Code   Commissioner's   Note. 

See  note  to  §  653b,  ante. 


TITLE     XVI. 

GENEEAL  PROVISIONS. 

§  654.     Acts    made    punishable   by   different   provisions    of   this   code. 

§  654'a.  False    representation    as    to   quality    or    merits    of    goods    sold    or 

advertised;   penalty. 
§  653.     .\cts   punishable   under   foreign   law. 
§  6.56.     Foreign   conviction   or  acquittal. 
§  657.     Contempt,    how   punishable. 

65S.     Mitigation  of   punishment  in  certain   cases. 

659.  .Aiding   in    misdemeanor. 

660.  Sending    letters,    when    deemed    complete. 

§  661.  Removal    from   office    for   neglect    of   official    duty. 

§  662.  Omission  to  perform   duty,    when   punishable. 

663.  Attempts   to   commit   crimes,    when   punishable. 

664.  .Attempts    to    commit   crimes,    how    punishable. 
I  665.  Restrictions  upon   the  preceding  sections. 

666.  Second   offense,    how  punished   after  conviction   of  former   offense. 

667.  Second    offenses,    how    punished    after    conviction    of    attempt    to 

commit   a   state   prison   offense.     fRepeale-d.) 

665.  Foreign   conviction    for   former   offense. 

669.  Second   term   of  imprisonment,   when  to  commence. 

670.  When    term    of   imprisonment   commences,    etc. 

671.  Imprisonment   for   life. 

§  672.  Fine  may  be  added  to  imprisonment. 

673.  Civil   rights   of  convict   suspended. 

674.  Civil   death. 

675.  Limitations   on   two   preceding  sections. 

676.  Person    of    convict   protected. 
§  677.  Forfeitures. 

678.  Valuation   in   gold    coin. 

679.  Coercion   or  compulsion   of  persons  seeking  employment. 
§  679a.  Limiting   .sale   of   convict-made    goods. 

GSO.     Payment   of  wages   to   employees   in  a  bar-room. 

§  654.  Acts  made  punishable  by  different  provisions 
of  this  code.  An  act  or  omission  which  is  made  punish- 
able in  different  ways  by  different  provisions  of  this  code 
may  be  punished  under  either  of  such  provisions,  but  in  no 
case  can  it  be  punished  under  more  than  one;  an  acquittal 
or  conviction  and  sentence  under  either  one  bars  a  prose- 
cution for  the  same  act  or  omission  under  any  other.  In 
the  cases  specified  in  sections  six  hundred  and  forty-eight, 
six  hundred  and  sixty-seven,  and  six  hundred  and  sixty- 
eight,  the  punishments  therein  prescribed  must  be  sub- 
stituted  for   those     prescribed    for   a    first     offense,     if    the 


§§  654'a-6o9    GENERAL    PROVISIONS    REGARDING    CRIME.  256 

previous  conviction  is  charged  in  the  indictment  and  found 
by  the  jury.     En.  February  14,  1872. 

Effect  of  plea  of  guilty:   See  post,  see.  1158. 

§  654a.  False  representation  as  to  quality  or  merits 
of  goods  sold  or  advertised;  penalty.  Any  person,  firm  or 
corporation  doing  business  in  this  state  as  a  merchant,  who 
advertises  or  displays  any  brand  of  goods  known  to  the 
general  public  and  quotes  prices  in  connection  therewith 
as  an  inducement  to  attract  purchasers  to  the  place  of  busi- 
ness so  advertised,  who  shall  make  verbal  or  show  printed 
or  written  false  statements  regarding  the  quality  or  merits 
of  the  goods  advertised  is  guilty  of  a  misdemeanor.  En. 
Stats.   1905,  228. 

§  655.  Acts  punishable  under  foreign  law.  An  act  or 
omission  declared  punishable  by  this  code  is  not  less  so 
because  it  is  also  punishable  under  the  laws  of  another  state, 
government,  or  country,  unless  the  contrary  is  expressly 
declared.     En.  February  14,  1872. 

§  656.  Foreign  conviction  or  acquittal.  Whenever  on 
the  trial  of  an  accused  person  it  appears  that  upon  a  crim- 
inal prosecution  under  the  laws  of  another  state,  gov- 
ernment, or  country,  founded  upon  the  act  or  omission  in 
respect  to  which  he  is  on  trial,  he  has  been  acquitted  or 
convicted,  it  is  a  sufiicient  defense.     En.  February  14,  1872. 

Foreign   conviction  or  acquittal:      See  also  post,  sec.  668. 

§  657.  Contempt,  how  punishable.  A  criminal  act  is  not 
the  less  punishable  as  a  crime  because  it  is  also  declared  to 
be  punishable  as  a  contempt.     En.  February  14,  1872. 

Criminal. contempts:  See  ante,  sec.  166. 

§  658.     Mitigation  of  punishment  in  certain  cases.     When 

it  appears,  at  the  time  of  passing  sentence  upon  a  person 
convicted  upon  indictment,  that  such  person  has  already 
paid  a  fine  or  suffered  an  imprisonment  for  the  act  of  which 
he  stands  convicted,  under  an  order  adjudging  it  a  contempt, 
the  court  authorized  to  pass  sentence  may  mitigate  the  pun- 
ishment to  be  imposed,  in  its  discretion.  En.  February 
14,    1872. 

§  659.  Aiding  in  misdemeanor.  Whenever  an  act  is 
declared    a    misdemeanor,    and    no    punishment    for    counsel- 


257  GENERAL,     PROVISIONS     REGARDING     CRIME.     §§  660-664 

ing  or  aiding  in  the   commission   of   such   act  is  expressly 

prescribed    by    law,    every    person    who    counsels  or      aids 

another  in  the  commission  of  such  act  is  guilty  of  a  mis- 
demeanor.    En.  February  14,  1872. 

Cal.  Eep.  Cit.  105,  644. 
Accessories  defined:   Sec.  32. 
Accessories,  how  punished:   Sec.  33. 

§  660.     Sending  letters,  when  deemed  complete.     In  the 

various  cases  in  which  the  sending  of  a  letter  is  made 
criminal  by  this  code,  the  offense  is  deemed  complete  from 
the  time  when  such  letter  is  deposited  in  any  postoffice  or 
any  other  place,  or  delivered  to  any  person,  with  intent  that 
it  shall  be  forwarded.     En.  February  14,  1872. 

Threatening  letters. — Sending  with  intent  to  extort  money: 
Sec.  523. 

§  661.    Removal  from  office  for  neglect  of  official  duty. 

In  addition  to  the  penalty  affixed  by  express  terms,  to  every 
neglect  or  violation  of  official  duty  on.  the  part  of  public 
officers — state,  county,  city,  or  township — where  it  is  not 
so  expressly  provided,  they  may,  in  the  discretion  of  the 
court,  be  removed  from  office.     En.  February  14,  1872. 

Eemoval  other  than  by  impeachment:  See  post,  sec.  758  et 
seq. 

§  662.     Omission  to  perform  duty,  when  punishable.     No 

person  is  punishable  for  an  omission  to  perform  an  act, 
where  such  act  has  been  performed  by  another  person  acting 
in  his  behalf,  and  competent  by  law  to  perform  it.  En. 
February  14,   1872. 

§  663.     Attempts    to    commit    crimes,    when      punishable. 

Any  person  may  be  convicted  of  an  attempt  to  commit  a 
crime,  although  it  aj^pears  on  the  trial  that  the  crime  in- 
tended or  attempted  was  perpetrated  by  such  person  in 
pursuance  of  such  attempt,  unless  the  court,  in  its  discre- 
tion, discharges  the  jury  and  directs  such  person  to  be  tried 
for  such  crime.     En.  February  14,  1872. 

Cal.  Eep.  Cit.  142,  14. 

§  664.    Attempts    to    commit    crimes,      how     punishable. 

Every  person  who  attempts  to  commit  any  crime,  but  fails, 
pen.  Code— 17 


§§  665,  666    GENERAL,    PROVISIONS    REGARmNG    CRIME.  258 

or  is  prevented  or  intercepted  in  the  perpetration  thereof, 
is  punishable,  where  no  provision  is  made  by  law  for  the 
punishment  of  such  attempts,  as  follows: 

1.  If  the  offense  so  attempted  is  punishable  by  impris- 
onment in  the  state  prison  for  five  years,  or  more,  or  by 
imprisonment  in  the  county  jail,  the  person  guilty  of  such 
attempt  is  punishable  by  imprisonment  in  the  state  prison, 
or  in  a  county  jail,  as  the  case  may  be,  for  a  term  not  ex- 
ceeding one-half  the  longest  term  of  imprisonment  pre- 
scribed upon  a  conviction  of  the  offense  so  attempted. 

2.  If  the  offense  so  attempted  is  punishable  by  imprison- 
ment in  the  state  prison  for  any  term  less  than  five  years, 
the  person  guilty  of  such  attempt  is  punishable  by  impris- 
onment in  the  county  jail  for  not  more  than  one  year. 

3.  If  the  offense  so  attempted  is  punishable  by  a  fine,  the 
offender  convicted  of  such  attempt  is  punishable  by  a  fine 
not  exceeding  one-half  the  largest  fine  which  may  be  im- 
posed upon  a  conviction  of  the  offense  so  attempted. 

4.  If  the  offense  so  attempted  is  punishable  by  imprison- 
ment and  by  a  fine,  the  offender  convicted  of  such  attempt 
may  be  punished  by  both  imprisonment  and  fine,  not  ex- 
ceeding one-half  the  longest  term  of  imprisonment  and  one- 
half  the  largest  fine  which  may  be  imposed  upon  a  con- 
viction for  the  offense  so  attempted.     En.  J^ebruary  14,  1872. 

Cal.  Eep.  Cit.  49,  393;   59,  423;   60,   72;   67,  104;   75,  571; 

98,  129;  135,  269;  135,  270;  138,  160;  138,  161.     Subd. 

1—59,  424;   142,  14. 
Attempts   included  in   sees.   216,   217,   220-222   are   not   in- 
cluded in  this  section, 

§  665.     Restrictions    upon    the    preceding    sections.      The 

last  two  sections  do  not  protect  a  person  who,  in  attempt- 
ing unsuccessfully  to  commit  a  crime,  accomplishes  the 
commission  of  another  and  different  crime,  whether  greater 
or  less  in  guilt,  from  suffering  the  punishment  prescribed  by 
law  for  the  crime  committed.     En.  February  14,  1872. 

§  666.  Socond  offense,  how  punished  after  conviction  of 
former  offense.  Every  person  who,  having  been  convicted 
of  petit  larceny,  or  of  any  offense  punishable  by  imprison- 
ment in  the  state  prison,  commits  any  crime  after  such  con- 
viction, is  punishable  therefor  as  follows: 

1.  If  the  offense  of  which  such  person  is  subsequently  con- 
victed is  such  that,  upon  a  first  conviction,  an  offender  would 
be  punishable  by  imprisonment  in  the  state  prison  for  any 


253  GENERAL    PROVISIONS    REGARDING    CRIME.     §§  667,  668 

term  exceeding  five  years,  such  person  is  punishable  by  im- 
prisonment in  the  state  prison  not  less  than  ten  years. 

2.  If  the  subsequent  offense  is  such  that  upon  a  first  con- 
viction, the  offender  would  be  punishable  by  imprisonment 
in  the  state  j)rison  for  five  years,  or  any  less  term,  then  the 
person  convicted  of  such  subsequent  offense  is  punishable  by 
imprisonment  in  the  state  prison  not  exceeding  ten  years. 

3.  If  the  subsequent  conviction  is  for  petit  larceny,  then 
the  person  convicted  of  such  subsequent  offense  is  punish- 
able by  imprisonment  in  the  state  prison  not  exceeding  five 
years.     En.  February  14,  1872.     Am'd.  1903,  107;  1905,  667. 

The  amendment  consists  in  the  substitution  of  the  word  "five"  tor 
"ten."  At  the  last  session  of  the  legislature,  sections  666  and  667 
were  changed,  the  former  being  amended,  and  the  latter  repealed. 
Through  a  mistake  in  copying  the  proi>osed  amendment  to  section 
666,  the  section,  as  it  now  stands,  leaves  a  large  class  of  cases  un- 
provided for.  The  word  "ten,"  on  the  fourth  line  of  subdivision  '1, 
has  been  changed  to  "five,"  so  that  where  the  punishment  for  a  first 
conviction  would  be  six,  seven,  eight,  nine,  or  ten  years,  some  pen- 
alty shall  attach;  for  a  second  conviction  for  an  offense  punishable, 
say  by  seven,  or  even  ten  years,  entails  no  penalty.  Judge  Carroll 
Cook  called  the  attention  of  the  Commissioner  to  the  error,  and  re- 
quested   the   amen-dment. — Code    Commissioner's    Note. 

Cal.  Eep.  Git.  57,  559;  64,  338;  65,  299;  65,  300;  88,  120; 

88,  174;  110,  43;  118,  389;  138,  163;  143,  599;  143,  634; 

145,    610;     145,    612.     Siibd.    2—120,    272;     139,    214. 

Subd.  3—64,  338;  64,  341. 
Previous   conviction,   duty   of   jury   to   find   on:    See   post, 
sec.  1158. 

§  667.  Second  offenses,  how  punished  after  conviction  of 
attempt  to  commit  a  state  prison  offense.  (Kepealed.)  En. 
February  14,  1872.     Eep.   1903,  108. 

Cal.  Eep.  Cit.  47,  115;  61,  137;  61,  436;  109,  298;  110,  43; 
138,  162.  Subd.  2—109,  297.  Subd.  3-^9,  393;  73, 
442. 

§  668.  Foreign  conviction  for  former  offense.  Every 
person  who  has  been  convicted  in  any  other  state,  govern- 
ment, or  country,  of  an  offense  which,  if  committed  within 
this  state,  would  be  punishable  by  the  laws  of  this  state, 
by  imprisonment  in  the  state  prison,  is  punishable  for 
any  subsequent  crime  committed  within  this  state  in  the 
manner  prescribed  in  the  last  two  sections,  and  to  the 
same  extent  as  if  such  first  conviction  had  taken  place  in 
a  court  of  this  state.     En.  February  14,  1872. 

Cal.  Eep.  Cit.  61,  436. 

See  ante,  sec.  656. 


§§  669-673      GENERAL,    PROVISIONS    REGARDING    CRIME.  260 

§  669.     Second  term  of  imprisonment,  when  to  commence. 

When  any  person  is  convicted  of  two  or  more  crimes  before 
sentence  has  been  pronounced  upon  him  for  either,  the 
imprisonment  to  which  he  is  sentenced  upon  the  second  or 
other  subsequent  conviction  must  commence  at  the  termina- 
tion of  the  first  term  of  imprisonment  to  wMcTi  he  shall  be 
adjudged,  or  at  the  termination  of  the  second  or  other  sub- 
sequent term  of  imprisonment,  as  the  case  may  be.  En. 
February  14,  1872. 

Cal.  Eep.  Cit.  61,  436,-  76,  519,-  86,  429;  132,  348;  135,  343; 
145,  186. 

§  670.    When    term    of    Imprisonment      commences,      etc. 

The  term  of  imprisonment  fixed  by  the  judgment  in  a 
criminal  action  commences  to  run  only  upon  the  actual  de- 
livery of  the  defendant  at  the  place  of  imprisonment,  and 
if  thereafter,  during  such  term,  the  defendant  by  any 
legal  means  is  temporarily  released  from  such  imprisonment 
and  subsequently  returned  thereto,  the  time  during  which 
he  was  at  large  must  not  be  computed  as  part  of  such  term. 
En.  February  14,  1872. 

Cal.  Eep.  Cit.  61,  436;  86,  429;  132,  347;  135,  341. 

§  671.  Imprisonment  for  life.  Whenever  any  person  is 
declared  punishable  for  a  crime  by  imprisonment  in  the 
state  prison  for  a  term  not  less  than  any  specified  number 
of  years,  and  no  limit  to  the  duration  of  such  imprison- 
ment is  declared,  the  court  authorized  to  pronounce  judg- 
ment upon  such  conviction  may,  in  its  discretion,  sen- 
tence such  offender  to  imprisonment  during  his  natural 
life,  or  for  any  number  of  years  not  less  than  that  pre- 
scribed.    En.  February  14,  1872. 

Cal.  Eep.  Cit.  61,  436;  65,  299;  98,  129;  118,  93;  123, 
416;   124,    153;  131,   316;  138,    161. 

§  672.  Fine  may  be  added  to  imprisonment.  Upon  a 
conviction  for  any  crime  punishable  by  imprisonment  in 
any  jail  or  prison,  in  relation  to  which  no  fine  is  herein 
prescribed,  the  court  may  impose  a  fine  on  the  offender  not 
exceeding  two  hundred  dollars,  in  addition  to  the  impris- 
onment prescribed.     En.  February  14,   1872. 

§  673.  Civil  rights  of  convict  suspended.  A  sentence  of 
imprisonment  in  a  state  prison  for  any  term  less  than  for 
life  suspends  all  the  civil  rights  of  the  person  so  sentenced, 


261  GENERAL      PROVISIONS      REGARDING      v^^aME.     §§  674-679 

and  forfeits  all  public  offices  and  all  private"  trusts,  author- 
ity, or  power  during  such  imprisonment.     En.  February  14, 

1872. 

Cal.  Eep.  Cit.  124,  565. 

§  674.  Civil  death.  A  person  sentenced  to  imprison- 
ment in  the  state  prison  for  life  is  thereafter  deemed  civ- 
illy dead.     En.  February  14,  1872. 

Cal  Eep.  Cit.  124,  565;  125,  419. 

§  675.  Limitations  on  two  preceding  sections.  The  pro- 
visions of  the  last  two  preceding. sections  must  not  be  con- 
strued to  render  the  persons  therein  mentioned  incompe- 
tent as  witnesses  upon  the  trial  of  a  criminal  action  or 
proceeding,  or  incapable  of  making  and  acknowledging  a, 
sale  or  conveyance  of  property.  En.  February  14,  1872. 
Am'd.  1873-4,  435. 

Cal.  Eep.  Cit.  124,  565;   124,  566;  125,  419. 

§  676.  Person  of  convict  protected.  The  person  of  a 
convict  sentenced  to  imprisonment  in  the  state  prison  is 
under  the  protection  of  the  law,  and  any  injury  to  his  per- 
son, not  authorized  by  law,  is  punishable  in  the  same  man- 
ner as  if  he  was  not  convicted  or  sentenced.  En.  February 
14,  1872. 

Cal.  Eep.  Cit.  125,  419. 

§  677.  Forfeitures.  No  conviction  of  any  person  for 
crime  works  any  forfeiture  of  any  property,  except  in  cases 
in  which  a  forfeiture  is  expressly  imposed  by  law;  and  all 
forfeitures  to  the  people  of  this  state,  in  the  nature  of  a 
deodand,  or  where  any  person  shall  flee  from  justice,  are 
abolished.     En.  February  14,   1872. 

Cal  Eep.  Cit.  124,  565;   125,  420. 

§  678.  Valuation  in  gold  coin.  Whenever  in  this  code 
the  character  or  grade  of  an  offense,  or  its  punishment,  is 
made  to  depend  upon  the  value  of  property,  such  value 
shall  be  estimated  exclusively  in  United  States  gold  coin. 
En.  Stats.  1873-4,  435. 

§  679.  Coercion  or  compulsion  of  persons  seeking  em- 
ployment. Any  person,  or  corporation  within  this  state, 
or  agent  or  officer  on  behalf  of  such  person  or  corporation. 


§§  679a,  680    GENERAL    PROVISIONS    REGARDING    CRIME.  262 

who  shall  hereafter  coerce  or  compel  any  person  or  per- 
sons to  enter  into  an  agreement,  either  written  or  verbal, 
not  to  join  or  become  a  member  of  any  labor  organiza- 
tion, as  a  condition  of  such  person  or  persons  securing  em- 
ployment or  continuing  in  the  employment  of  any  such 
person  or  corporation,  shall  be  guilty  of  a  misdemeanor. 
En.    Stats.    1893,    176. 

§  679a.    Limiting  sale  of  convict-made  goods.    1.  It  shall 

be  unlawful  for  any  person  to  sell,  expose  for  sale,  or  offer 
for  sale  within  this  state,  any  article,  or  articles  manu- 
factured wholly  or  in  part  by  convict  or  other  prison  labor, 
except  articles  the  sale  of  which  is  specifically  sanctioned 
by  law. 

2.  Every  person  selling,  exposing  for  sale,  or  offering 
for  sale  any  article  manufactured  in  this  state  whoUy 
or  in  part  by  convict  or  other  prison  labor,  the  sale  of  which 
is  not  specifically  sanctioned  by  law,  shall  be  guilty  of  a 
niisdemeanor.     En.  Stats,  1901,  326_. 

§  680.    Payment  of  wages  to  employees  in  a  bar-room. 

Every  person  who  shall  pay  any  employee  his  wages,  or  any 
part  thereof,  while  such  employee  is  in  any  saloon,  bar- 
room, or  other  place  where  intoxicating  liquors  are  sold 
at  retail,  unless  said  employee  is  employed  in  such  saloon, 
bar-room,  or  such  other  place  where  intoxicating  liquors 
are  sold,  shall  be  deemed  guilty  of  a  misdemeanor.  En. 
Stats.   1901,  660. 


PAET  II. 

OF  CRIMINAL  PEOCEDUEE. 
(§§   681-1570.) 

(263) 


PEELIMINAEY  PEOVISIONS. 

§  681.  No    person   punishable   but   on   legal   conviction. 

§  682.  Public  offenses,   how  prosecuted. 

§  683.  Criminal  action   defined. 

§  684.  Parties  to  a  criminal  action. 

§  685.  The  party  prosecuted   known  as   defendant. 

§  686.  Rights   of  defendant   in   a   criminal  action. 

§  687.  Second   prosecution   for  the   same   offense   prohibited. 

§  688.  No  person  to  be  a  witness  against  himself  in  a  criminal  action, 

or  to  be  unnecessarily  restrained. 

§  689.  No  person  to  be  convicte-d  but  upon  verdict  or  judgment. 

§  681.  No  person  punishable  but  on  legal  conviction. 
No  person  can  be  punished  for  a  public  offense,  except 
upon  a  legal  conviction  in  a  court  having  jurisdiction  there- 
of.    En.  February  14,  1872. 

Cal.  Eep,  Cit.     68,  180. 

Crim.  Prac.  Act,  sec.  6.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Constitutional  guaranty:  Const.  Cal.,  art.  I,  sec.  13. 

Conviction  of  public  offense,  how  may  be  had:  See  post, 
sec.  689. 

§  682.  Public  offenses,  how  prosecuted.  Every  public 
offense  must  be  prosecuted  by  indictment  or  information, 
except: 

1.  Where  proceedings  are  had  for  the  removal  of  civil 
officers  of  the  state; 

2.  Offenses  arising  in  the  militia  when  in  actual  ser- 
vice, and  in  the  land  and  naval  forces  in  time  of  war,  or 
which  the  state  may  keep,  with  the  consent  of  congress, 
in  time  of  peace; 

3.  Offenses  tried  in  justices  and  police  courts.  En.  Feb- 
ruary  14,  1872.     Am'd.   1880,   10. 

Cal.  Eep.  Cit.     53,  413;  57,  561;   108,  663;   109,  450;   111, 

240;    145,  37. 
Crim.  Prac.  Act,  sec.  7.     En.  April  20,  1850.     Eep.  1851, 
290.     En.    1851,   212. 

Prosecution:  See  Const.  Cal.,  art.  I,  sees.  8,  13. 
Courts-martial:  See  Pol.  Code,  sees,  2076-2084. 

(265) 


§§  6S3-686  CRIMINAL,   PROCEDURE.  266 

§  683.  Criminal  action  defined.  The  proceedings  by 
which  a  party  charged  with  a  public  offense  is  accused  and 
brought  to  trial  and  punishment,  is  known  as  a  criminal 
action.     En.   February  14,   1872. 

Crim.  Prac.  Act,  sec.  8.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  684.  Parties  to  a  criminal  action.  A  criminal  action 
is  prosecuted  in  the  name  of  the  people  of  the  state  of 
California,  as  a  party,  against  the  person  charged  with  the 
offense.     En.   February    14,    1872. 

Cal.  Eep.  Cit.     61,  58;  111,  241. 

Crim.  Prac.  Act,  see.  9.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  685.  The  party  prosecuted  known  as  defendant.  The 
party  prosecuted  in  a  criminal  action  is  designated  in  this 
code  as  the  defendant.     En.  February  14,  1872. 

Crim.  Prac.  Act,  see.  10.  En.  April,  20,  1850.  Eep.  1851, 
1851,  290.     En.  1851,  212. 

§  686.    Rights  of  defendant  in  a  criminal  action.    In  a 

criminal  action  the  defendant  is  entitled: 

1.  To  a  speedy  and  public  trial. 

2.  To  be  allowed  counsel  as  in  civil  actions,  or  to  ap- 
pear and  defend  in  person  and  with  counsel. 

3.  To  produce  witnesses  oq  his  behalf,  and  to  be  con- 
fronted with  the  witnesses  against  him,  in  the  presence 
of  the  court,  except  that  where  the  charge  has  been  pre- 
liminarily examined  before  a  committing  magistrate,  and 
the  testimony  taken  down  by  question  and  answer  in  the 
presence  of  the  defendant,  who  has,  either  in  person  or 
by  counsel,  cross-examined  or  had  an  opportunity  to  cross- 
examine  the  witness;  or  where  the  testimony  of  a  witness 
on  the  part  of  the  people,  who  is  unable  to  give  security 
for    his    appearance,   has   been    taken    conditionally   in    the 


267  CRMINAL,   PROCEDURE.  §§  687.  688 

like  manner  in  the  presence  of  the  defendant,  who  has, 
either  in  person  or  by  counsel,  cross-examined  or  had  an 
opportunity  to  cross-examine  the  witness,  the  deposition  of 
such  witness  may  be  read,  upon  its  being  satisfactorily 
shown  to  the  court  that  he  is  dead  or  insane,  or  cannot 
with  due  diligence  be  found  within  the  state.  En.  Feb- 
ruary 14,  1872. 

Cal.  Eep.  Cit.  50,  96;  54,  577;  55,  464;  57,  568;  61,  477; 
64,  86;  66,  102;  66,  676;  66,  677;  73,  207;  85,  427; 
99,  233;  100,  5;  105,  656;  106,  650;  108,  444;  111, 
88;  116,  254;  138,  578;  143,  380;  143,  382;  143,  386; 
143,  576;  143,  577;  143,  578.  Subd.  3—98,  131;  98, 
132;  116,  251;  121,  498;  126,  381;  132,  263. 

Crim.  Prac.  Act,  sec.  11.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 

See  Const.  Cal.,  art.  I,  sec.  13. 

Depositions  as  evidence:  Post,  sees.  869,  1345,   1^62. 

§  687.  Second  prosecution  for  the  same  offense  prohib- 
ited. No  person  can  be  subjected  to  a  second  prosecu- 
tion for  a  public  offense  for  which  he  has  once  been 
prosecuted  and  convicted  or  acquitted.  En.  February  14, 
1872. 

Cal.  Eep.  Cit.  79,  430;  99,  231;  114,  57;  132,  501;  138, 
484;    138,  485;   146,   315. 

Crim.  Prac.  Act.  sec.  12.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 

See  Const.  Cal.,  art.  I,  sec.   13;   U.  S.  Const.  Amend.  5. 

Dismissal  no  bar:  See  sec.  999. 

§  688.  No  person  to  be  a  witness  against  himself  in  a 
Criminal  action,  or  to  be  unnecessarily  restrained.  No  per- 
son can  be  compelled,  in  a  criminal  action,  to  be  a  witness 
against  himself;  nor  can  a  person  charged  with  a  public 
offense,    be    subjected,    before    conviction,    to    any    more    re- 


§§  6S9,  692  LAWFUL    RESISTANCE.  268 

straint  than  is  necessary  for  his  detention  to  answer  the 
charge.     En.   February   14,   1872. 

Cal.  Eep.  Cit.     64,  340;  73,  443. 

Grim.  Prac.  Act,  sec.  13.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 

Cal.  Rep.  Cit.     42,  167;  42,  169;  48,  23. 

§  689.  No  person  to  be  convicted  but  upon  verdict  or 
judgment.  No  person  can  be  convicted  of  a  public  offense 
unless  by  the  verdict  of  a  jury,  accepted  and  recorded  by 
the  court,  or  upon  a  plea  of  guilty,  or  upon  judgment  against 
him  upon  a  demurrer  in  the  case  mentioned  in  section  one 
thousand  and  eleven,  or  upon  a  judgment  of  a  court,  a  jury 
having  been  waived,  in  a  criminal  case  not  amounting  to 
felony.     En.  February  14,  1872.     Am'd.  1880,  4. 

Cal.  Eep.  Cit.  64,  341;  66,  677;  68,  180;  68,  181;  68,  183; 
100,  5. 

Crim.  Prac.  Act,  sec.  14.  En.  April  20,  1850.  Eep.  1851, 
290.     En.    1851,   212.     Am'd.   1863,   158. 

Cal.  Eep.  Cit.     4,  403;   14,  145. 

TITLE  I. 

OF  THE  PEEVENTION  OF  PUBLIC  OFFENSES. 
Chapter  I.     Of  Lawful  Eesistanee,  §§   692-694. 

II.     Of  the  Intervention  of  the  Of&eers  of  Justice, 
§§  697,  698.    • 

III.  Security  to  Keep  the  Peace,  §§  701-714. 

IV.  Police  in  Cities  and  Towns,  and  Their  Attend- 

ance at  Exposed  Places,  §§  719,  720. 
V.     Suppression  of  Eiots,  §§  723-734. 

CHAPTEE  L 

OF  LAWFUL  RESISTANCE. 

§  692.    Lawful   resistance,    by  whom  made. 

§  693.     By  the  party,   in   what  cases  and  to  what  extent. 

§  694.     By   other   parties,    In   what  cases. 

§  692.  Lawful  resistance,  by  whom  made.  Lawful  re- 
sistance to  the  commission  of  a  public  offense  may  be 
made : 


269  INTERVENTION  OF  OFFICERS  OF  JUSTICE.       SS  6"J3-ti97 

1.  By  the  party  about  to  be  injured; 

2.  By  other  parties.     En.  February   14,   1872. 

Crim.  Prac.  Act,  sec.  15.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212.  '     . 

Personal  rights:   See  Civ.   Code,  sees.   43-50. 

§  693.  By  the  party,  in  what  cases  and  to  what  extent. 
Resistance  sufficient  to  prevent  the  offense  may  be  made 
by  the  party  about  to  be  injured: 

1.  To  prevent  an  offense  against  his  person,  or  his  family, 
or  some  member  thereof. 

2.  To  prevent  an  illegal  attempt  by  force  to  take  or 
injure  property  in  his  lawful  possession.  En.  February  14, 
1872. 

Crim.  Prac.  Act,  sec.  16.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  694.  By  other  parties,  in  what  cases.  Any  other  per- 
son, in  aid  or  defense  of  the  person  about  to  be  injured, 
may  make  resistance  sufficient  to  prevent  the  offense.  En. 
February  14,  1872. 

Crim.  Prac.  Act,  sec.  17.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

CHAPTER  n. 

OF  THE   INTERVENTION   OF  THE   OFFICERS   OF   JUSTICE. 

§  697.    Intervention  of  officers,  In  what  cases. 
§  698.    Persons  acting  in  their  aid  justified. 

§  697.  Intervention  of  oflacers,  in  what  cases.  Public 
offenses  may  be  prevented  by  the  intervention  of  the  of- 
ficers of  justice: 

1.  By  requiring  security  to  keep  the  peace; 

2.  By  forming  a  police  in  cities  and  towns,  and  by  re- 
quiring their  attendance  in  exposed  places; 

3.  By  suppressing  riots.     En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  18.  En.  April  20,  1850.  Rep.  1851, 
280.     En.  1851,  212. 


§§  698-703  SECURITY  TO  KEEP  THE   PEACE.  270 

Siibd.  1:     See  post,  sees.  701-714. 

Subfl.  2.     Police  force:     See   sees.    719,   720.     Officers   au- 
thorized to  preserve  peace:     Post,  sec.  720, 
Subd.  3:     See  post,,  sees.  723-734. 

§  698.  Persons  acting  in  their  aid  justified.  Wlien  the 
officers  of  justice  are  authorized  to  act  in  the  prevention 
of  public  offenses,  other  persons,  who,  by  their  command, 
act   in   their   aid,    are   justified   in   so   doing.     En.   February 

14,  1872. 

Crim.  Prac.  Act,  sec.  19.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

CHAPTEE  m. 

SECURITY  TO  KEEP  THE  PEACE. 

Information   of  threatened   offense. 

Examination   of  complainant  and  witnesses. 

Warrant   of   arrest. 

Proceedings  on   charges  being  controverted. 

Person   complained   of,    when   to   be   discharged. 

Security  to  keep  the  peace,   when  required. 

Effect  of  giving  or  refusing  to  give  security. 

Person    committed   for   not    giving   security. 

Undertaking  to  be   filed  in  clerk's  office. 

Security   required   for  assault   committed   in    court. 

Undertaking,    when  broken. 

Undertaking,    when  and  how  to  be  prosecuted. 

Evidence    of   breach. 

Security  for  the  peace. 

§  701.  Information  of  threatened  offense.  An  informa- 
tion may  be  laid  before  any  of  the  magistrates  mentioned 
in  section  eight  hundred  and  eight,  that  a  person  has 
threatened  to  commit  an  offense  against  the  person  or  prop- 
erty of  another.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     123,  29;  123,  32. 

Crim.  Prac.  Act,  see.  20.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212.     Am'd.  1863,  158. 

§  702.  Examination  of  complainant  and  witnesses.  When 
the  information  is  laid  before  such  magistrate,  he  must  ex- 


§ 

■01 

§ 

■02. 

§ 

■03. 

§ 

■04. 

§ 

705 

§ 

'(16 

§ 

"07 
■OS 

§ 

-09 

§ 

710 

§ 

"11 

§ 
§ 

i 

"12 
"13 
714 

271  SECURITY   TO   KEEP   THE    PEACE.  §§  703-705 

amine  on  oath  the  informer,  and  any  witness  he  may  pro- 
duce, and  must  take  their  depositions  in  writing,  and  cause 
them  to  be  subscribed  by  the  parties  making  them.  En. 
February  14,  1872, 

Cal.  Eep.  Cit.     123,  29. 

Crim.  Prac.  Act,  sec.  21.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  703.  Warrant  of  arrest.  If  it  appears  from  the  depo- 
sitions that  there  is  just  reason  to  fear  the  commission 
of  the  offense  threatened,  by  the  person  so  informed  against, 
the  magistrate  must  issue  a  warrant,  directed  generally 
to  the  sheriff  of  the  county,  or  any  constable,  marshal,  or 
policeman  in  the  state,  reciting  the  substance  of  the  in- 
formation, and  commanding  the  officer  forthwith  to  arrest 
the  person  informed  of  and  bring  him  before  the  magis- 
trate.    En.  February  14,  1872. 

Cal.  Eep.  Cit.     123,  29. 

Crim.  Prac.  Act,  sec.  22.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  704.    Proceedings     on     charges     being      controverted. 

When  the  person  informed  against  is  brought  before  the 
magistrate,  if  the  charge  be  controverted,  the  magistrate 
must  take  testimony  in  relation  thereto.  The  evidence  must 
be  reduced  to  writing,  and  subscribed  by  the  witnesses.  En. 
February  14,  1872. 

Cal,  Eep.  Cit.     123,  29. 

Crim.  Prac.  Act,  sec.  23.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  705.  Person  complained  of,  when  to  be  discharged. 
If  it  appears  that  there  is  no  just  reason  to  fear  the  com- 
mission of  the  offense  alleged  to  have  been  threatened,  the 
person  complained  of  must  be  discharged.  En.  February 
14,  1872. 

Cal.  Eep.  Cit.     123,  29. 


§§   706-70S  SECURITY    TO    KEEP    THE    PEACE.  271' 

Crim.  Prac.  Act,  sec.  24.  En.  April  20,  1850.  Kep.  1851, 
290.     En.  1851,  212. 

§  706.     Security  to  keep   the   peace,   when   required.     If. 

however,  there  is  just  reason  to  fear  the  commission  of 
the  offense,  the  person  complained  of  may  hue  required  to 
enter  into  an  undertaking  in  such  sum,  not  exceeding  five 
thousand  dollars,  as  the  magistrate  may  direct,  with  one 
or  more  sufficient  sureties,  to  keep  the  peace  toward  the 
people  of  this  state,  and  partieularlj'  toward  the  informer. 
The  undertaking  is  valid  and  binding  for  six  months,  and 
may,  upon  the  renewal  of  the  information,  be  extended  for 
a  longer  period,  or  a  new  undertaking  may  be  required. 
En.  February  14,  1872. 

Cal.  Eep.  Cit.     123,  29. 

Crim.  Prac.  Act,  sec.  25.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  707.  Effect  of  giving  or  refusing  to  give  security.  If 
the  undertaking  required  by  the  last  section  is  given,  the 
party  informed  of  must  be  discharged.  If  he  does  not  give 
it,  the  magistrate  must  commit  him  to  prison,  specifying 
in  the  warrant  the  requirement  to  give  security,  the  amount 
thereof,  and  the  omission  to  give  the  same.  En.  February 
14,  1872. 

Cal.  Eep.  Cit.     123,  29. 

Crim.  Prac.  Act,  sec.  26.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  708.  Person  committed  for  not  giving  security.  If  the 
person  complained  of  is  committed  for  not  giving  the  under- 
taking required,  he  may  be  discharged  by  any  magistrate, 
upon  giving  the  same.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     123,  29. 

Crim.  Prac.  Act,  sec.  27.  En.  April  20,  1850.  Eep.  1851, 
290.  En.  1851,  212. 


273  SECURITY   TO   KEEP   THE  PEACE.  §§  709-712 

§  709.    Undertaking    to    be    filed    in    clerk's    office.     The 

undertaking  must  be  filed  by  the  magistrate,  in  the  office 
of  the  clerk  of  the  county.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     123,  29. 

Crim.  Prac.  Act,  see.  28.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  710.  Security  required  for  assault  committed  in 
court.  A  person  who,  in  the  presence  of  a  court  or  magis- 
trate, assaults  or  threatens  to  assault  another,  or  to  com- 
mit an  offense  against  his  person  or  property,  or  who  con- 
tends with  another  with  angry  words,  may  be  ordered  by  the 
court  or  magistrate  to  give  security,  as  in  this  chapter 
provided,  and  if  he  refuse  to  do  so,  may  be  committed  as 
provided  in  section  seven  hundred  and  seven.  En.  Febru- 
ary 14,  1872. 

Cal.   Eep.   Cit.     123,  29. 

Crim.  Prac.  Act,  sec.  29.  En.  April  20,  1850.  Eep.  1851, 
290.  En.  1851,  212. 

Cal.  Eep.  Cit.  8,  391. 

§  711.  Undertaking,  when  broken.  Upon  the  conviction 
of  the  person  informed  against  of  a  breach  of  the  peace, 
the  undertaking  is  broken.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     123,  29. 

Crim.  Prac.  Act,  sec.  30.  En.  April  20,  1850.  Eep.  1851, 
290.  En.  1851,  212. 

Cal.  Eep.  Cit.  8,  391. 

§  712.  Undertaking,  when  and  how  to  be  prosecuted. 
Upon  the  district  attorney 's  producing  evidence  of  such 
conviction  to  the  superior  court  of  the  county,  the  court 
must  order  the  undertaking  to  be  prosecuted,  and  the  dis- 
trict attorney  must  thereupon  commence  an  action  upon  it 
in  the  name  of  the  people  of  this  state.  En.  February  14, 
1872.     Ara'd.  1880,  32. 

Cal.  Eep.  Cit.     123,  29. 
Pen.  Code— 18 


§§  713-719  POLICE   IN  CITIES   AND   TOWNS.  274 

Crim.  Prac.  Act,  sec.  31.     En.  April  20,  1850.     Rep.  1851, 
290.     En.  1851,  212.     Am'd.  1863,  158. 
Cal.   Eep.   Cit.     8,   391. 

§  713.  Evidence  of  breach.  In  the  action,  the  offense 
stated  in  the  record  of  conviction  must  be  alleged  as  a 
breach  of  the  undertaking,  and  such  record  is  conclusive 
evidence   of   the   breach.     En.   February   14,    1872. 

Cal.   Eep.   Cit.     123,   29. 

Crim.  Prac.  Act,  sec.  32.  En.  April  20,  1850.  Rep.  1851, 
290.     En.    1851,   212. 

§  714.  Security  for  the  peace.  Security  to  keep  the 
peace,  or  be  of  good  behavior,  cannot  be  required  except 
as  prescribed  in  this  chapter.     En.  February  14,  1872. 

Cal.   Eep.   Cit.     123,  29;   123,  32. 

Crim.  Prac.  Act,  sec.  33.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,  212. 

CHAPTER  IV. 

POLICE    IN    CITIES    AND    TOWNS,    AND    THEIR    ATTENDANCE    Ai 
EXPOSED   PLACES. 

§  719,    Organization  and  regulation  of  the  police. 

§  720.     Force  to  preserve  the  peace  at  public   meetings. 

§  719.     Organization   and  regulation   of  the   police.     The 

organization  and  regulation  of  the  police,  in  the  cities  and 
towns  of  this  state,  is  governed  by  special  laws.  En.  Feb- 
ruary 14,  1872. 

Crim.  Prac.  Act,  sec.  34.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Police  insurance  and  pension  bill:  See  post.  Appendix, 
title   Police. 

Compensation  of  police:   See  post,  Appendix,  title  Police. 

Increase  of  police  force:  See  post.  Appendix,  title  Po- 
lice. 

Vacation  for  police:   See  post.  Appendix,  title  Police. 


275  SUPPRESSION    OP    RIOTS.  §§  720-723 

§  720.  Force  to  preserve  the  peace  at  public  meetings. 
The  mayor  or  other  officer  having  the  direction  of  the 
police  of  a  city  or  town  must  order  a  force,  sufficient  to 
preserve  the  peace,  to  attend  any  public  meeting,  when  he 
is  satisfied  that  a  breach  of  the  peace  is  reasonably  appre- 
hended.    En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  35.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 

See  ante,  sec.   701. 

Suppression  of  riots.     See  post,  sees.  723  et  seq. 

CHAPTEE  V. 

SUPPRESSION   OF  RIOTS. 

§  723.  Power   of   sheriff    in    overcoming   resistance. 

§  724.  Officer  to  certify  to  court  tlie.name  of  registers,   etc. 

§  725.  Governor  to  order  out  military  to  aid  in  executing  process. 
(Repealed.) 

§  726.  Magistrates  and   officers   to   command   rioters   to   disperse. 

§  727.  To  arrest   rioters   if  they   do  not  disperse. 

§  728.  Officers   who   may   order  out   the   military.     (Repealed.) 

§  729.  Commanding   officer   and   troops    to   obey   the   order.     (Repealed.) 

§  730.  Armed   force   to  obey  orders  of   whom.     (Repealed.) 

§  731.  Conduct   of   the   troops.     (Repealed.) 

§  732.  Governor  may  declare  a  county  in  a  state  of  insurrection.  (Re- 
pealed.) 

§  733.  May   revoke   the   proclamation.     (Repealed.) 

§  734.  Right  to  parade  with  arms. 

§  723.  Power  of  sheriff  in  overcoming  resistance.  When 
a  sheriff  or  other  public  officer  authorized  to  execute  pro- 
cess finds,  or  has  reason  to  apprehend  that  resistance  will 
be  made  to  the  execution  of  the  process,  he  may  com- 
mand as  many  male  inhabitants  of  his  county  as  he  may 
think  proper  to  assist  him  in  overcoming  the  resistance, 
and,  if  necessary,  in  seizing,  arresting,  and  confining  the 
persons  resisting,  their  aiders  and  abettors.  En.  February 
14,   1872. 

Crim.  Prac.  Act,  sec.  36.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,   212. 

10 


§§  724-727  SUPPRESSION    OF    RIOTS.  2.B 

Peace  officers:  See  post,  sec.  877.  See  ante,  sec.  697, 
subd.   2. 

Jurisdiction  of  police  court:   See  Pol  Code,  sec.  4426. 

§  724.  Officer  to  certify  to  court  the  name  of  registers, 
etc.  The  officer  must  certify  to  the  court  from  which  the 
process  issued,  the  names  of  the  persons  resisting,  and 
their  aiders  and  abettors,  to  the  end  that  they  may  be  pro- 
ceeded against  for  their  contempt  of  court.  En.  February 
14,  1872. 

Crim.  Prae.  Act,  sec.  37.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 

§  725.  Governor  to  order  out  military  to  aid  in  execut- 
ing process.     En.  February  14,  1872.     Eepealed  1905,  411. 

Crim.  Prac.  Act,  sec.  39.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  726.  Magistrates  and  officers  to  command  rioters  to 
disperse.  Where  any  number  of  persons,  whether  armed 
or  not,  are  unlawfully  or  riotously  assembled,  the  sheriff 
of  the  county  and  his  deputies,  the  officials  governing  the 
town  or  city,  or  the  justices  of  the  peace  and  constables 
thereof,  or  any  of  them,  must  go  among  the  persons  as- 
sembled, or  as  near  to  them  as  possible,  and  command 
them,  in  the  name  of  the  people  of  the  state,  immediately 
to  disperse.     En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  40.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 

Suppressing  riots:   See  ante,  sec.  697,  subd.  3. 

§  727.    To  arrest  rioters  if  they  do  not  disperse.     If  the 

persons  assembled  do  not  immediately  disperse,  such  mag- 
istrates and  officers  must  arrest  them,  and  to  that  end  may 
command  the  aid  of  all  persons  present  or  within  the  county. 
En.   February   14,   1872. 


277  SUPPRESSION    OF    RIOTS.  §§  728-73S 

Grim.  Prac.  Act,  sec.  41.  En.  April  20,  1850.  Eep.  1851, 
290.  En.  1851,  212. 

Grim.  Prae.  Act,  sec.  42.  En.  April  20,  1850.  Eep.  1851, 
290.  En.  1851,  212. 

See  ante,  sec.  723. 

§  728.     Officers    who    may    order    out    the    military.     En. 

February  14,  1872.     Am'd.  1880,  32.     Eep.  19.05,  411. 

Grim.  Prac.  Act,  sec.  46.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Governor  may  call  out  militia  to  execute  laws,  sup- 
press insurrection  and  repel  invasion:  Gonst.  Gal.,  art.  VIII, 
sec.   1. 

§  729.     Commanding  officer  and  troops  to  obey  the  order. 

En.  February  14,  1872.     Am'd.  1880,  32.     Eep.   1905,  412. 

Grim.  Prac.  Act,  sec.  47.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,   212. 

§  730.  Armed  force  to  obey  order  of  whom.  En.  Febru- 
ary 14,  1872.     Am'd.  1880,  32.     Eep.  1905,  412. 

§  731.  Conduct  of  the  troops.  En.  February  14,  1872. 
Am'd.  1895,  193.     Eep.  1905,  412. 

§  732.  Governor  may  declare  a  county  in  a  state  of  in- 
surrection. En.  February  14,  1872.  Am'd.  1880,  32.  Eep. 
1905,  412. 

Grim.  Prac.  Act,  sec.  iS'.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851, '212. 

Governor  is  commander-in-chief:  See  Const.  Gal.,  art.  V, 
sec.  5. 

§  733.  May  revoke  the  proclamation.  En.  February  14, 
1872.     Eep.  1905,  412. 

Grim.  Prac.  Act,  sec.  49.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 


§  'Si  SUPRRESSION    OF    RIOTS.  278 

§  734.  Right  to  parade  with  arms.  It  shall  not  be  law- 
ful for  any  body  of  men  whatever,  other  than  the  regu- 
lar organized  National  Guard  of  this  state,  and  the  troops 
of  the  United  States,  to  associate  themselves  together  as 
a  military  company  or  organization,  to  drill  or  parade 
with  arms  in  any  city  or  town  of  this  state,  without  the 
license  of  the  governor  thereof,  which  license  may  at  any 
time  be  revoked;  and  provided  further,  that  students  in 
educational  institutions  where  military  science  is  a  part 
of  the  course  of  instruction  may,  with  the  consent  of  the 
governor,  drill  and  parade  with  arms  in  public  under  the 
superintendence  of  their  instructor;  provided,  that  nothing 
herein  contained  shall  be  construed  so  as  to  prevent  benevo- 
lent or  social  organizations  from  wearing  swords.  And 
any  person  or  persons  violating  any  of  the  provisions  of 
this  section  shall  be  guilty  of  a  misdemeanor  and  subject 
to  arrest  and  punishment  therefor.     En.  Stats.   1895,   193. 


IMPEACHMENTS.  §  737 


TITLE  II. 

OF  JUDICIAL  PROCEEDINGS  FOR  THE  REMOVAL  OF 
PUBLIC  OFFICERS  BY  IMPEACHMENT  OR  OTHER- 
WISE. 

Chapter  L     Of  Impeachments,  §§  737-753. 

II.     Of  the  Removal  of  Civil  Officers  Otherwise  than 
by  Impeachment,  §§  758-772. 

CHAPTER  L 

OF    IMPEACHMENTS. 

§  737.  Officers    liable    to    impeachment. 

§  73S.  Articles,    how   prepared.     Trial   by    senate. 

§  739.  Articles  of  impeachment. 

§  740.  Time   of  hearing.     Service   on   defendant. 

§  741.  Service,    how   made. 

§  742.  Proceedings   on    failure    to   appear. 

§  743.  Defendant,   after  appearance,    may  answer  or  demur. 

§  744.  If    demurrer    is   overruled,    'defendant   must   answer. 

§  745.  Senate   to   be   sworn. 

§  746.  Two  thirds  necessary   to   a  conviction. 

§  747.  Judgment  on  conviction,    how   pronounced. 

§  748.  The    same. 

§  749.  Nature    of    the    judgment. 

§  7,50.  Effect   of  judgment   of   suspension. 

§  7.")1.  Impeachment   disqualifies    until    acquittal.     Vacancy,    how    tilled. 

§  7.52.  Presiding  officer   when   lieutenant-governor   is   impeached. 

§  753.  Impeachment  not  a  bar  to   indictment. 

§  737.  Officers  liable  to  impeachment.  The  governor, 
lieutenant-governor,  secretary  of  state,  controller,  treasurer, 
attorney-general,  surveyor-general,  chief  justice,  associate 
justices  of  the  supreme  court,  and  judges  of  the  superior 
courts,  are  liable  to  impeachment  for  any  misdemeanor  in 
otLce.     En.  February  14,  1872.     Am'd.  1880,  3. 

Crim.  Prac.  Act,  sec.  51.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Impeachment. — This  section  is  taken  from  the  first  por- 
tion of  section   18  of  article  IV  of  the  state  constitution. 


§§  73S-740  IMPEACHMENTS.  280 

See  note  to  next  section  as  to  form  of  articles  of  impeacli- 
ment,  and  the  rules  generally  adopted  in  such  proceedings. 

§  738.  Articles,  how  prepared.  Trial  by  senate.  All  im- 
peachments must  be  by  resolution  adopted,  originated  in, 
and  conducted  by  managers  elected  by  the  assembly,  who 
must  prepare  articles  of  impeachment,  present  them  at  the 
bar  of  the  senate,  and  prosecute  the  same.  The  trial  must 
be  had  before  the  senate,  sitting  as  a  court  of  impeachment. 
En.  February  14,  1872. 

Cal.  Eep.  Cit.     88,  124. 

Crim.  Prac.  Act,  sec.  52.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Impeachment.  This  section  is  also  taken  from  articles 
IV,  section  17,  of  the  state  constitution.  In  this  respect 
our  constitution  is  similar  to  the  federal  constitution: 
Const.  U.  S.,  art.  I,  sec.  3.  The  method  of  procedure  gen- 
erally adopted  in  preparing  articles  of  impeachment  in  the 
assembly  is  shown  by  the  course  adopted  in  the  impeach- 
ment of  G.  W.  Whitman,  controller,  and  Henry  Bates, 
treasurer,  at  the  eighth  session  of  the  California  legisla- 
ture, 1856-7:  See  journals  of  assembly  of  that  session, 
pp.  253,  289,  307,  318.  See,  as  to  form  of  articles  of  im- 
peachment. Id.  375;  Senate  Journal,  pp.  297,  303;  Pro- 
ceedings on  Trial  of  William  Hardy,  by  Sumner  &  Cutter, 
p.  14;  Proceedings  in  the  trial  of  Andrew  Johnson,  p.   1. 

§  739.  Articles  of  impeachment.  When  an  officer  is  im- 
peached by  the  assembly  for  a  misdemeanor  in  office,  the 
articles  of  impeachment  must  be  delivered  to  the  president 
t)f  the  senate.     En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  53.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  740.     Time    of    hearing.     Service    on    defendant.     The 

senate  must  assign  a  day  for  the   hearing  of  the  impeach- 


28J  IMPEACHMENTS.  §§  741-74S 

ment,  and  inform  the  assembly  thereof.  The  president  of 
the  senate  must  cause  a  copy  of  the  articles  of  impeach- 
ment, with  a  notice  to  appear  and  answer  the  same  at  the 
time  and  place  appointed,  to  be  served  on  the  defendant 
not  less  than  ten  days  before  the  day  fixed  for  the  hearing. 
En.  February  14,  1872. 

Grim.  Prac.  Act,  sec.  54.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  741.  Service,  how  made.  The  service  must  be  made 
upon  the  defendant  personally,  or  if  he  cannot,  upon  dili- 
gent inquiry,  be  found  within  the  state,  the  senate,  upon 
proof  of  that  fact,  may  order  publication  to  be  made,  in 
such  manner  as  it  may  deem  proper,  of  a  notice  requiring 
him  to  appear  at  a  specified  time  and  place  and  answer 
the  articles  of  impeachment.     En.  February  14,  1872. 

Grim.  Prac.  Act,  sec.  55.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Sergeant-at-arms  to  execute  process:  See  Pol.  Code,  sec. 
259. 

§  742.  Proceedings  on  failure  to  appear.  If  the  defend- 
ant does  not  appear,  the  senate,  upon  proof  of  service  or 
publication,  as  provided  in  the  two  last  sections,  may,  of 
its  own  motion  or  for  cause  shown,  assign  another  day 
for  hearing  the  impeachment,  or  may  proceed,  in  the  ab- 
sence of  the  defendant,  to  trial  and  judgment.  En.  Feb- 
ruary 14,  1872. 

Grim.  Prac.  Act,  sec.  56.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,212. 

§  743.  Defendant,  after  appearance,  may  answer  or  de- 
mur. When  the  defendant  appears,  he  may  in  writing  ob- 
ject to  the  sufficieny  of  the  articles  of  impeachment,  or  he 
may  answer  the  same  by  an  oral  plea  of  not  guilty,  which 
plea  must  be  entered  upon  the  journal,  and  puts  in  issue 
every  material  allegation  of  the  articles  of  impeachment. 
En.  February  14,  1872. 


5§  744-746  IMPEACHMENTS.  282 

Grim.  Prac.  Act,  sec.  57.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  744.  If  demurrer  is  overruled,  defendant  must  answer. 
If  the  objection  to  the  sufficiency  of  the  articles  of  im- 
peachment is  not  sustained  by  a  majority  of  the  members 
of  the  senate  who  heard  the  argument,  the  defendant  must 
De  ordered  forthwith  to  answer  the  articles  of  impeach- 
ment. If  he  then  pleads  guilty,  or  refuses  to  plead,  the 
senate  must  render  judgment  of  conviction  against  him. 
If  he  plead  not  guilty,  the  senate  must,  at  such  time  as  it 
may  appoint,  proceed  to  try  the  impeachment.  En.  Febru- 
ary  14,   1872. 

Grim.  Prac.  Act,  see.  50.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Grim.  Prac.  Act,  sec.  59.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 

§  745.  Senate  to  be  sworn.  At  the  time  and  place  ap- 
pointed, and  before  the  senate  proceeds  to  act  on  the 
impeachment,  the  secretary  must  administer  to  the  presi- 
dent of  the  senate,  and  the  president  of  the  senate  to 
each  of  the  members  of  the  senate  then  present,  an  oath 
truly  and  impartially  to  hear,  try,  and  determine  the 
impeachment;  and  no  member  of  the  senate  can  act  or 
vote  upon  the  impeachment,  or  upon  any  question  arising 
thereon,  without  having  taken  such  oath.  En.  February  14, 
1872. 

Grim.  Prac.  Act,  sec.  60.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,   212. 

§  746.  Two  thirds  necessary  to  a  conviction.  The  de- 
fendant cannot  be  convicted  on  impeachment  Tvithout  the 
concurrence  of  two  thirds  of  the  members  elected,  voting 
by  ayes  and  noes,  and  if  two  thirds  of  the  members  elected 
do  not  concur  in  a  conviction,  he  must  be  acquitted.  En. 
February  14,  1872.     Am'd.  1880,  3. 


283  IMPEACHMENTS.  §§  747-751 

Crim.  Prac.  Act,  sec.  62.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 

§  747.  Judgment  on  conviction,  how  pronounced.  After 
conviction  the  senate  must,  at  such  time  as  it  may  appoint, 
pronounce  judgment,  in  the  form  of  a  resolution  entered 
upon  the  journals  of  the   senate.     En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  63.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,  212. 

§  748.  The  same.  On  the  adoption  of  the  resolution  by 
a  majority  of  the  members  present  who  voted  on  the  ques- 
tion of  acquittal  or  conviction,  it  becomes  the  judgment  of 
the   senate.     En.  February  14,   1872. 

Crim.  Prac.  Act,,  sec.  64.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,   212. 

§  749.  Nature  of  the  judgment.  The  judgment  may  be 
that  the  defendant  be  suspended,  or  that  he  be  removed 
from  office  and  disqualified  to  hold  any  office  of  honor,  trust, 
or  profit  under  the  state.  En.  February  14,  1872.  Am'd. 
1880,  3. 

Crim.  Prac.  Act,  sec.  65.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 

See  Const.  Cal.,  art.  IV,  sec.  18. 

The  original  section  had  ' '  and  removed  from  office ' '  after 
the  word  "suspended." 

§  750.  Effect  of  judgment  of  suspension.  If  judgment 
of  suspension  is  given,  the  defendant,  during  the  continu- 
ance thereof,  is  disqualified  from  receiving  the  salary,  fees, 
or  emoluments  of  the  office.     En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  66.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  751.  Impeachment  disqualifies  until  acquittal.  Va- 
cancy, how  filled.  Whenever  articles  of  impeachment 
against    any   officer   subject   to    impeachment   are   presented 


§§  752,  753  IMPEACHMENTS.  284 

to  the  senate,  such  officer  is  temporarily  suspended  from 
his  office,  and  cannot  act  in  his  official  capacity  until  he 
is  acquitted.  Upon  such  suspension  of  any  officer  other 
than  the  governor,  his  office  must  at  once  be  temporarily 
filled  by  an  appointment  made  by  the  governor,  with  the 
advice  and  consent  of  the  senate,  until  the  acquittal  of  the 
party  impeached;  or,  in  case  of  his  removal,  until  the 
vacancy  is  filled  at  the  next  election,  as  required  by  law. 
En.   February  14,   1872. 

Crim.  Prac.  Act,  sec.  67.  En.  April  20,  1850.  Eep.  1851, 
390.     En.   1851,   212.     Am'd.   1857,   17. 

§  752.  i'residing  officer  when  lieutenant-governor  is  im- 
peached. If  the  lieutenant-governor  is  impeached,  notice 
of  the  impeachment  must  be  immediately  given  to  the  sen- 
ate by  the  assembly,  that  another  president  may  be  chosen. 
En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  68.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 

§  753.    Impeachment   not    a    bar    to    indictment.     If    the 

offense  for  which  the  defendant  is  convicted  on  impeach- 
ment is  also  the  subject  of  an  indictment  or  information, 
the  indictment  or  information  is  not  barred  thereby.  En. 
February  14,  1872.     Am'd.  1880,  3. 

Crim.  Prac.  Act,  sec.  69.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 


OTHERWISE    THAN    IMPEACHMENT.  §  75S 


CHAPTER   II. 

OF    THE    REMOVAL    OF    CIVIL    OFFICERS    OTHERWISE    THAN    BY 
IMPEACHMENT. 

§  758.  Accusation   to  be  presented  by  the  grand  jury. 

§  759.  Fornn  of  accusation. 

§  760.  To   be   transmitted   to   the   district  attorney,   and   copy  sei'ved. 

§  761.  Proceedings    if    defendant    does   not    appear. 

§  762.  Defendant  may  object  to  or  deny  the  accusation.  ' 

§  763.  Form    of   objection. 

§  764.  Manner    of    denial. 

§  765.  If  objections  overruled,   defendant   must  answer. 

§  766.  Proceedings   on   plea   of    guilty,    refusal    to   answer,    etc. 

§  767.  Trial   by   jury. 

§  768.  State  and   defendant  entitled   to  process  for  witnesses. 

§  769.  Judgment   upon   conviction,    and    its   form. 

§  770.  Appeal,     how    taken.    Defendant    to    be    suspended    and    vacancy 

filled. 

§  771.  Proceedings   for   the   removal   of  a   district   attorney. 

§  772.  Removal    of   public    officers    summary    proceedings. 

§  758.    Accusation   to   be   presented   by   the   grand   jury. 

An  accusation  in  writing  against  any  district,  county,  town- 
ship, or  municipal  officer,  for  willful  or  corrupt  misconduct 
in  office,  may  be  presented  by  the  grand  jury  of  the  county 
for  or  in  ^7hich  the  officer  accused  is  elected  or  appointed. 
En.  February  14,  1872. 

Cal.  Rep.  Cit.  75,  151;  85,  591;  97,  383;  107,  289;  114, 
553;  119,  232;  145,  36;  145,  37;  145,  38;  147,  529; 
147,  530;   147,  532;  147,  534. 

Crim.  Prac.  Act,  sec.  70.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,  212. 

Removal  of  civil  officers  otherwise  than  by  impeach- 
ment.— Under  this  section,  which  is  taken  from  article  IV, 
section  18,  of  the  state  constitution,  all  officers,  other  than 
those  named  in  section  737  as  liable  to  impeachment,  are 
liable  to  be  tried  for  misconduct  in  office,  and  if  found 
guilty,  removed  therefrom.  The  constitutional  provision 
just  referred  to  reads:  "All  other  civil  officers  shall  be  tried 
for  misdemeanor  in  office  in  such  manner  as  the  legislature 
may  provide." 


§§  759-762  OTHERWISE    THAN    IMPEACHMENT.  286 

§  759.  Form  of  accusation.  The  accusation  must  state 
the  offense  charged,  in  ordinary  and  concise  language,  and 
■without   repetition.     En.   February    14,    1872. 

Crim.  Prac.  Act,  sec.  71.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 

§  760.  To  be  transmitted  to  the  district  attorney,  and 
copy  served.  The  accusation  must  be  delivered  by  the  fore- 
man of  the  grand  jury  to  the  district  attorney  of  the  county, 
except  when  he  is  the  officer  accused,  who  must  cause  a 
copy  thereof  to  be  served  upon  the  defendant,  and  require, 
by  notice  in  writing  of  not  less  than  ten  days,  that  he 
appear  before  the  superior  court  of  the  county,  at  a  time 
mentioned  in  the  notice,  and  answer  the  accusation.  The 
original  accusation  must  then  be  filed  with  the  clerk  of  the 
court.     En.  February  14,  1872.     Am'd.   1880,  32. 

Crim.  Prac.  Act,  sec.  72.  En.  April- 20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 

5  761.    Proceedings  if  defendant   does  not   appear.     The 

defendant  must  appear  at  the  time  appointed  in  the  notice 
and  answer  the  accusation,  unless  for  some  sufficient 
cause  the  court  assign  another  day  for  that  purpose.  If 
he  does  not  appear,  the  court  may  proceed  to  hear  and 
determine  the  accusation  in  his  absence.  En.  February  14, 
1872. 

Crim.  Prac.  Act,  sec.  73.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 

§  762.    Defendant  may  object  to  or  deny  the  accusation. 

The  defendant  may  answer  the  accusation  either  by  ob- 
jecting to  the  sufficiency  thereof,  or  of  any  article  therein, 
or  by  denying  the  truth  of  the  same.  En.  February  14, 
1872. 

Cal.  Eep.  Cit.     145,  36;    145,  38. 

Crim.  Prac.  Act,  sec.  74.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 


287  OTHERWISE    THAN    IMPEACHMENT.  §§  763-767 

§  763.  Form  of  objection.  If  he  objects  to  the  legal 
sufficiency  of  the  accusation,  the  objection  must  be  in  writ- 
ing, but  need  not  be  in  any  specific  form,  it  being  sufficient 
if  it  presents  intelligibly  the  grounds  of  the  objection. 
En.  February  14,   1872. 

Cal.  Eep.  Cit.     145,  36. 

Grim.  Prac.  Act,  sec.  75.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 

§  764.  Manner  of  denial.  If  he  denies  the  truth  of  the 
accusation,  the  denial  may  be  oral  and  without  oath,  and 
must  be  entered  upon  the  minutes.     En.  February  14,  1872. 

Grim.  Prac.  Act,  sec.  76.  En.  April  -20,  1850.  Rep.  ICjI, 
290.     En.   1851,  212. 

§  765.  If  objections  overruled,  defendant  must  answer. 
If  an  objection  to  the  sufficiency  of  the  accusation  is  not 
sustained,  the  defendant  must  answer  thereto  forthwith. 
En.  February  14,  1872. 

Grim.  Prac.  Act,  sec.  77.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,  212. 

§  766.     Proceedings  on  plea  of  guilty,  refusal  to  answer, 

etc.  If  the  defendant  pleads  guilty,  or  refuses  to  answer 
the  accusation,  the  court  must  render  judgment  of  convic- 
tion against  him.  If  he  denies  the  matter  charged,  the 
court  must  immediately,  or  at  such  time  as  it  may  appoint, 
proceed  to  try  the  accusation.     En.  February  14,  1872. 

Grim.  Prac.  Act,  see.  78.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,  212. 

§  767.  Trial  by  jury.  The  trial  must  be  by  a  jury,  and 
conducted  in  all  respects  in  the  same  manner  as  the  trial 
of  an  indictment  for  a  misdemeanor.  En.  February  14, 
1872. 

Grim.  Prac.  Act,  sec.  79.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,  212. 

Gal.  Rep.  Git.     41,  652. 


§§  76S-770  OTHERWISE     THAN     IMPEACHMENT.  2SS 

§  768.  State  and  defendant  entitled  to  process  for  wit- 
nesses. The  district  attorney  and  the  defendant  are  re- 
spectively entitled  to  such  process  as  may  be  necessary  to 
enforce  the  attendance  of  witnesses,  as  upon  a  trial  of 
an  indictment.     En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  80.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 

§  769.  Judgment  upon  conviction,  and  its  form.  Upon 
a  conviction,  the  court  must,  at  such  time  as  it  may  ap- 
point, pronounces  judgment  that  the  defendant  be  removed 
from  office;  but,  to  warrant  a  removal,  the  judgment  must 
be  entered  upon  the  piinutes,  and  the  causes  of  removal  must 
be   assigned   therein.     En.   February  14,   1872. 

Crim.  Prac.  Act,  see.  81.  En.  April  2p,  1850.  Eep.  1851, 
290.     En.    1851,   212.     Am'd.    1863,   158. 

§  770.  Appeal,  how  taken.  Defendant  to  be  suspended 
and  vacancy  filled.  From  a  judgment  or  decree  of  removal 
from  office  under  any  provision  of  this  chapter,  an  appeal 
may  be  taken  to  the  supreme  court  in  the  same  manner  as 
from  a  judgment  in  a  civil  action  but  until  such  judgment 
is  reversed,  the  defendant  is  suspended  from  office  after 
thirty  days  from  the  entry  of  the  judgment,  unless  within 
such  thirty  days  there  shall  be  filed  in  the  office  of  the  clerk 
of  the  court  in  which  the  conviction  was  had,  a  certificate  of 
a  judge  of  the  superior  court  that  in  his  opinion  there  is 
probable  cause  for  the  appeal.  If  a  bill  of  exceptions  is  not 
settled  in  time  to  be  used  upon  an  application  for  such  a 
certificate  or  within  twenty  days  after  such  judgment  is 
entered,  the  error  relied  upon  may  be  presented  to  such 
judge  in  any  manner  satisfactory  to  such  judge.  If  no 
such  certificate  be  filed  within  thirty  days  the  office  must 
pending  the  appeal  be  filled  as  in  case  of  a  vacancy.  Ap- 
peals taken  under  this  section  shall  be  entitled  in  the  ap- 
pellate court  to  priority  in  hearing  over  all  eases  except 
such   as   have   been   advanced   upon   its   calendar   by   special 


289  OTHERWISE    THAN    IMPEACHMENT.  §§  771,  772 

order    of     such     appellate    court.     En.    February    14,    1872. 
Am'd.  1905,  251. 

Cal.  Eep.  Cit.     83,  47;  83,  48;  96,  157;   107,  289. 
Crim.  Prac.  Act,  sec.  82.     En.  April  20,  1850.     Eep.  1851, 
290.     En.   1851,  212. 

§  771.  Proceedings  for  the  removal  of  a  district  atttor- 
ney.  The  same  proceedings  may  be  had  on  like  ground 
for  the  removal  of  a  district  attorney,  except  that  the 
accusation  must  be  delivered  by  the  foreman  of  the  grand 
jury  to  the  clerk,  and  by  him  to  a  judge  of  the  superior 
court  of  the  county,  who  must  thereupon  appoint  some  one 
to  act  as  prosecuting  officer  in  the  matter,  or  place  the  accu- 
sation in  the  hands  of  the  district  attorney  of  an  adjoining 
county,  and  require  him  to  conduct  the  proceedings.  En, 
February  14,  1872.     Am'd.  1880,  32. 

Crim.  Prac.  Act,  sec.  83.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 

§  772.  Removal  of  public  officers  by  summary  proceed- 
ings. When  an  accusation  in  writing,  verified  by  the  oath 
of  any  person,  is  presented  to  a  superior  court,  alleging 
that  any  officer  within  the  jurisdiction  of  the  court  has 
been  guilty  of  charging  and  collecting  illegal  fees  for 
services  rendered,  or  to  be  rendered,  in  his  office,  or  has 
refused  or  neglected  to  perform  the  official  duties  per- 
taining to  his  office,  the  court  must  cite  the  party  charged 
to  appear  before  the  court  at  a  time  not  more  than  ten 
nor  less  than  five  days  from  the  time  the  accusation  was 
presented,  and  on  that  day,  or  some  other  subsequent  day 
not  more  than  twenty  days  from  that  on  which  the  accusa- 
tion was  presented,  must  proceed  to  hear,  in  a  summary 
manner,  the  accusation,  and  evidence  offered  in  support  of 
the  same,  and  the  answer  and  evidence  offered  by  the  party 
accused;  and  if,  on  such  hearing,  it  appears  that  the  charge 
is  sustained,  the  court  must  enter  a  decree  that  the  party 
accused  be  deprived  of  his  office,  and  must  enter  a  judg- 
Pen.  Code— 19 


LOCAL    JURISDICTION.  290 

ment  for  five  hundred  dollars  in  favor  of  the  informer,  and 
such  costs  as  are  allowed  in  civil  cases.  En.  February  14, 
1872.     Am'd.  1880,  33. 

Cal.  Eep.  Cit.  50,  646;  52,  623;  56,  360;  57,  354;  68,  325 
75,  151;  83,  47;  83,  48;  85,  643;  85,  644;  85,  645 
85,  647;  97,  383;  98,  588;  98,  589;  98,  590;  107,  287 
107,  288;  107,  289;  108,  662;  110,  656;  111,  239;  111 
240;  111,  242;  114,  476;  114,  552;  119,  232;  122,  293 
130,  184;  130,  186;  145,  37;  145,  45;  145,  473;  147, 
27;   147,  528;    147,  529;   147,  532. 

TITLE  III. 

OF  THE  PEOCEEDINGS  IN  CEIMINAL  ACTIONS 
PEOSECUTED  BY  INDICTMENT,  TO  THE  COMMIT- 
MENT,  INCLUSIVE. 

Chapter  I.     Of    the    Local    Jurisdiction    of    Public    Offenses, 
§§  777-795. 
II.     Of  the  Time  of  Commencing  Criminal  Actions, 
§§   799-803. 
IIL     The  Information,  §§  806-809. 
IV.     The  Warrant  of  Arrest,  §§  811-829. 

V.     Arrest,  by  Whom  and  How  Made,  §§  834-851. 
VI.     Eetaking    After   an   Escape    or   Eescue,    §§    854, 

855. 
VII.     Examination  of  the  Case  and  Discharge  of  De- 
fendant,   or    Holding    Him    to    Answer,     §§ 
858-883. 

CHAPTEE  L 

OF    THE    LOCAL   JURISDICTION    OF    PUBLIC    OFFENSES. 

S  777.     Jui-isdictlon    of    offenses   committed    in    tliis   state. 

8  77S.     Offenses  commenced  without,   but  consummated  within  this  state. 

§  77Sa.  Performance  of  act  in  this  state  culminating  in  a  crime  in  an- 
other   state. 

§  778b.  Non-resident  aiding   in   a  crime  in   this   state. 

§  779.  When  an  inhabitant  of  this  state  is  concerned  in  a  duel  out  ot 
the  same,   and  a  party  wounded  dies   therein. 


291  LOCAL,   JURISDICTION.  §§  m-VS 

§  780.     Leaving  the  state  to  evade  the  statute  against  dueling. 

§  781.     Offense  committed  partly  in  one  county  and  partly   in  another. 

§  782.     Committed  on  the  boundary,    etc.,   of  two  or  more   counties. 

§  783.    Jurisdiction   of   an   offense   on   board   a   vessel   or   car. 

§  784.     Jurisdiction   for   kidnaping  or   abduction. 

§  78.5.     Jurisdiction    of   an   in'dictment   for   bigamy   or   incest. 

§  786.  Property  feloniously  taken  in  one  county  and  brought  into  an- 
other. 

§  787.     Jurisdiction    for   escaping    from    prison. 

§  788.    Jurisdiction   for   treason   committed  out  of   the  state. 

§  789.  Jurisdiction  for  stealing,  etc.,  property,  out  of  state,  and  brought 
therein. 

§  790.  Jurisdiction  for  murder,  etc.,  where  the  injury  was  inflicted  in 
one  county,   and  the  party  dies  out  of  that  county. 

§  791.     Of  an   indictment   against   an   accessory. 

§  792.  Of  principals  who  are  not  present,  etc.,  at  commission  of  the 
principal    offense. 

§  793.  Conviction  or  acquittal  in  another  state  a  bar,  where  the  juris- 
diction  is   concurrent.  • 

§  794.  Conviction  or  acquittal  In  another  county  a  bar,  where  the  juris- 
diction  is  concurrent. 

§  795.     Jurisdiction    of    prize-fight. 

§  777.  Jurisdiction  of  offenses  committed  in  this  state. 
Every  person  is  liable  to  punishment  by  the  laws  of  this 
state,  for  a  public  offense  committed  by  him  therein,  ex- 
cept where  it  is  by  law  cognizable  exclusively  in  the  courts 
of  the  United  States;  and  except  as  herein  otherwise  pro- 
vided, the  jurisdiction  of  every  public  offense  is  in  the  county 
wherein  it  is  committed.  En.  February  14,  1872.  Am'd. 
1905,  692. 

The  amendment  declares  that  the  jurisdiction  of  any  public  offense 
not  otherwise  specially  provided  for  is  within  the  county  where 
it  was  committed.  Although  this  has  always  been  understood  to  be 
the  law,  the  Code  seems  to  contain  no  express  declaration  upon  the 
subject.  The  change  consists  in  the  addition,  after  the  words  "United 
.States,"  of  the  words  "and,  except  as  herein  otherwise  provided,  the 
jurisdiction  of  any  public  offense  is  in  the  county  wherein  It  is  com- 
mitted."—Code    Commissioner's    Note. 

Grim.  Prae.  Act,  sec.  84.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Jurisdiction  of  police  court:     See  Pol.  Code,  sec.  4426. 

§  778.  Offenses  commenced  without,  but  consummated 
within  this  state.  When  the  commission  of  a  public  of- 
fense, commenced  without  the  state,  is  consummated  with- 
in  its   boundaries,    the    defendant   is    liable    to    punishment 


§§  77Sa-779  LOCAL,    JURISDICTION.  29! 

therefor  in  this  state,  though  he  was  out  of  the  state  at 
the  time  of  the  commission  of  the  offense  charged.  If  he 
consummated  it  in  this  state,  through  the  intervention  of 
an  innocent  or  guilty  agent,  or  any  other  means  proceed- 
ing directly  from  himself,  in  such  case  the  jurisdiction  is 
in  the  county  in  which  the  offense  is  consummated.  En. 
February  14,  1872. 

Grim.  Prac.  Act,  see.  85.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  778a.  Performance  of  an  act  in  this  state  culminating 
in  a  crime  in  another  state.  Whenever  a  person,  with  in- 
tent tq  commit  a  crime,  does  any  act  within  this  state  in 
execution  or  part  execution  of  such  intent,  which  culminates 
in  the  commission  of  a  crime,  either  within  or  without  this 
state,  such  person  is  punishable  for  such  crime  in  this  state 
in  the  same  manner  as  if  the  same  had  been  committed  en- 
tirely within  this  state.     En.  Stats.  1905,  692. 

The  section  Is  designed  to  provide  for  the  punishment  of  persons  who 
in  this  state  do  an  act  culminating  In  the  commission  of  a  crime  In 
another   state. — Code    Commissioner's    Note. 

§  7781).  Non-resident  aiding  in  a  crime  in  this  state. 
Every  person  who,  being  out  of  this  state,  causes,  aids,  ad- 
vises, or  encourages  any  person  to  commit  a  crime  within 
this  state,  and  is  afterwards  found  within  this  state,  is  pun- 
ishable in  the  same  manner  as  if  he  had  been  within  this 
state  when  he  caused,  aided,  advised,  or  encouraged  the  com- 
mission of  such  crime.     En.  Stats.  1905,  692. 

The  object  of  this  section  is  to  provide  for  the  punishment  of  persons 
who,  being  out  of  the  state,  encourage  the  commission  of  crimes 
within  this  state,  and  are  afterwards  found  within  the  state.— Code 
Commissioner's  Note. 

§  779.  When  an  inhabitant  of  this  state  is  concerned 
in  a  duel  out  of  t^e  same,  and  a  party  wounded  dies  there- 
in. When  an  inhabitant  or  resident  of  this  state,  by  pre- 
vious appointment  or  engagement,  fights  a  duel  or  is  con- 
cerned as  second  therein,  out  of  the  jurisdiction  of  this 
state,  and  in  the  duel  a  wound   is  inflicted  upon  a   person, 


293  IXJCALi  JURISDICTION.  §§  7S1-783 

whereof  he  dies  in  this  state,  the  jurisdiction  of  the  of- 
fense is  in  the  county  where  the  death  happens.  En.  Feb- 
ruary 14,   1872. 

Grim.  Prac.  Act,  sec.  86.  En.  April  20,  1850.  Eep.  18.51, 
290.     En.  1851,  212. 

§  780.  •  Leaving  the  state  to  evade  the  statute  against 
dueling.  When  an  inhabitant  of  this  state  leaves  the  same 
for  the  purpose  of  evading  the  operation  of  the  |)rovisions 
of  the  code  relating  to  dueling  and  challenges  to  fight, 
with  the  intent  or  for  the  purpose  of  doing  any  of  the 
acts  prohibited  therein,  the  jurisdiction  is  in  the  county 
of  which  the  offender  was  an  inhabitant  when  the  offense 
was  committed.     En,  February  14,  1872. 

§  781.  Offense  committed  partly  in  one  county  and  partly 
in  another.  When  a  public  offense  is  committed  in  part  in 
one  county  and  in  part  in  another,  or  th3  acts  or  effects 
thereof  constituting  or  requisite  to  the  consummation  of 
the  offense  occur  in  two  or  more  counties,  the  jurisdiction 
is  in  either  county.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     51,  379. 

Grim.  Prac.  Act,  see.  87.     En.  April  20,  1850.     Eep.   1851, 
290.     En.   1851,  212. 
Gal.  Eep.  Cit.  22,  183. 

§  78-:.  Committed  on  the  boundary,  etc.,  of  two  or  more 
counties.  When  a  public  offense  is  committed  on  the  bound- 
ary of  two  or  more  counties,  or  within  five  hundred  yards 
thereof,  the  jurisdiction  is  in  either  county.  En.  February 
14,   1872. 

Gal.  Eep.  Git.     55,  233;  59,  459. 

Grim.  Prac.  Act,  sec.  88.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  783.  Jurisdiction  of  an  offense  on  board  a  vessel  or 
car.  When  an  offense  is  committed  in  this  state,  on  board 
a   vessel    navigating    a   river,    bay,   slough,    lake,    or    canal, 


§  784  LOCAL,  JURISDICTION.  2M 

or  lying  therein,  in  the  prosecution  of  her  voyage,  the 
jurisdiction  is  in  any  county  through  which  the  vessel 
is  navigated  in  the  course  of  her  voyage,  or  in  the  county 
where  the  voyage  terminates;  and  when  the  offense  is 
committed  in  this  state,  on  a  railroad  train  or  car  prose- 
cuting its  trip,  the  jurisdiction  is  in  any  county  through 
which  the  train  or  car  passes  in  the  course  of  her  trip, 
or  in  the  county  where  the  trip  terminates.  En.  February 
14,  1872.*   Am'd.   1875-6,  116. 

Cal.  Eep.  Cit.     103,  510;  133,  624;  138,  146. 
Crim.  Prae.  Act,  sec.  89.     En,  April  20,  1850.     Eep.   1851, 
290.     En.  1851,  212. 
Cal.  Eep.  Cit.     7,  398. 

§  784.  Jurisdiction  for  kidnaping  or  abduction.  The 
jurisdiction  of  a  criminal  action: 

1.  For  forcibly  and  without  lawful  authority  seizing  and 
confining  another,  or  inveigling  or  kidnaping  him,  with  in- 
tent, against  his  will,  to  cause  him  to  be  secretly  confined  or 
imprisoned  in  this  state,  or  to  be  sent  out  of  the  state,  or 
from  one  county  to  another,  or  to  be  sold  as  a  slave,  or  in 
any  way  held  to   service; 

2.  For  decoying,  taking,  or  enticing  away  a  child  under 
the  age  of  twelve  years,  with  intent  to  detain  and  conceal 
it  from  its  parent,  guardian,  or  other  person  having  the  law- 
ful charge  of  the  child; 

3.  For  inveigling,  enticing,  or  taking  away  an  unmarried 
female  of  previous  chaste  character,  under  the  age  of  eigh- 
teen years,  for  the  purpose  of  prostitution;   or, 

4.  For  taking  away  any  female,  under  the  age  of  sixteen 
years,  from  her  father,  mother,  guardian,  or  other  person 
having  the  legal  charg^  of  her  person,  without  their  consent, 
either  for  the  purpose  of  concubinage  or  prostitution; 

Is  in  the  county  in  which  the  offense  is  committed,  or  out 
of  which  the  person  upon  whom  the  offense  was  committed 
has,  in  the  commission  of  the  offense,  been  taken,  or  in  which 
an  act  was  done  by  the  defendant  in  instigating,  procuring, 


293  LOCAL    JURISDICTION.  §§  785,  786 

promoting,  or  ?iding  in  the  commission  of  the  offense,  or  in 

abetting   the   parties   concerned   therein.     En.    February    14, 

1872.     Am'd.  1880,  11;   1905,  692. 

The  change  consists  in  the  substitution  of  the  word  "eighteen"  tor 
"twenty-five,"  after  "of";  in  the  substitution  of  the  word  "eighteen" 
for  "sixteen,"  after  "of";  and  In  the  insertion  of  the  word  "brought" 
in  place  of   "taken." — Code   Commissioner's   Note. 

Oal.  Eep.  Cit.     141,  546;   141,  547, 

Crim.  Prac.  Act,  sec.  90.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Enticing  away  children:   See  ante,  see.  278. 

Enticing  away  unmarried  female:  See  ante,  sees.  266, 
267. 

§  785.  Jurisdiction  of  an  indictment  for  bigamy  or  in- 
cest. When  '  the  offense,  either  of:  bigamy  or  incest,  is 
committed  iri  one  county  and  the  defendant  is  apprehended 
in  another,  the  jurisdiction  is  in  either  county.  En.  Feb- 
ruary 14,  1872. 

Crim.  Prac.  Act,  sec.  91.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  786.  Property  feloniously  taken  in  one  county  and 
brought  into  another.  When  property  taken  in  one  county 
by  burglary,  robbery,  larceny,  or  embezzlement,  has  been 
brought  into  another,  the  jurisdiction  of  the  offense  is  in 
either  county.  But  if  at  any  time  before  the  conviction 
of  the  defendant  in  the  latter,  he  is  indicted  in  the  former 
county,  the  sheriff  of  the  latter  county  must,  upon  demand, 
deliver  him  to  the  sheriff  of  the  former.  En.  February  14, 
1872. 

Cal.  Eep.  Cit.     74,  95;  91,  27;  106,  640;  134,  386. 

Crim.  Prac.  Act,  sec.  92.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Cal.  Eep.  Cit.     29,  422;  40,  653. 

Bringing  stolen  property  into  the  state:  See  ante,  sec. 
27,  subd.  2;  ante,  sec.  497;  post,  sec.  789. 


§§  787-790  LOCAL  JURISDICTION.  296 

§  787.  Jurisdiction  for  escaping  from  prison.  The  juris- 
diction of  a  criminal  action  for  escaping  from  prison  is  in 
any  county  of  the  state.  En.  February  14,  1872.  Am'd. 
1880,  11. 

The  words  ' '  criminal  action ' '  are  here  substituted  for  the 
word  "indictment"  in  the  original. 

§  788.  Jurisdiction  for  treason  committed  out  of  the 
state.  The  jurisdiction  of  a  criminal  action  for  treason, 
when  the  overt  act  is  committed  out  of  the  state,  ia  in 
any  county  of  the  state.  En.  February  14,  1872.  Am'd. 
1880,   11. 

Similar  amendment  as  in  last  section.  ^ 

§  789.  Stealing  property  in  another  state  and  bringing  it 
into  this  state.  The  jurisdiction  of  a  criminal  action  for 
stealing  or  embezzling,  in  any  other  state,  the  property  of 
another,  or  receiving  it  knowing  it  to  have  been  stolen  or 
embezzled,  and  bringing  the  same  into  this  state,  is  in  any 
county  into  or  through  which  such  stolen  or  embezzled  prop- 
erty has  been  brought.  En.  February  14,  1872.  Am'd.  1880, 
11;   1905,  693. 

The  change  consists  in  the  insertion  of  the  words  "or  embezzling," 
aft?r  ".stealirg,"  and  of  the  words  "or  embezzled,"  after  tbe  word 
"stolen." — Code   Commissioner's   Note.  t 

Cal.  Eep.  Cit.     91,  27;  91,  28;  122,  74. 

See  ante,  sec.  497. 

Similar  amendment  as  in  section  787. 

Crime  committed  by  person  out  of  state:  Ante,  sees.  27, 
subd.  2;   sec.  497. 

Taking  stolen  property  from  one  county  to  another:  Ante, 
sec.   786. 

§  790.  Jurisdiction  for  murder,  etc.,  where  the  injury 
was  inflicted  in  one  county,  and  the  party  dies  out  of  that 
county.  The  jurisdiction  of  a  criminal  action  for  murder 
or  manslaughter,  when  the  injury  which  caused  the  death 
was  inflicted  in  one  county,  and  the  party  injured  dies  in 
another  county  or  out  of  the  state,  is  in  the  county  where 
the  injury  was  inflicted.  En.  February  14,  1872.  Am'd. 
1880,   11. 

Similar  amendment  as  in  section  787, 


297  LOCAL   JURISDICTION.  §§  791-795 

§  791.  Of  an  indictment  against  an  accessory.  In  the 
case  of  an  accessory  in  the  commission  of  a  public  offense, 
the  jurisdiction  is  in  the  county  where  the  offense  of  the 
accessory  was  committed,  notwithstanding  the  principal  of- 
fense was  committed  in  another  cpunty.  En.  February  14, 
1872. 

Grim.  Prac.  Act,  sec.  93.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Cal.  Eep.  Cit.     27,  341. 

Accessories:  See  ante,  sees.  30,  31,  32. 

§  792.  Of  principals  who  are  not  present,  etc.,  at  com- 
mission of  the  principal  offense.  The  jurisdiction  of  a  crim- 
inal action  against  a  principal  in  the  commission  of  a 
public  offense,  when  such  principal  is  not  present  at  the 
commission  of  the  principal  offense,  is  in  the  same  county 
it  would  be  under  this  code  if  he  were  so  present  and  aid- 
ing and  abetting  therein.  En.  February  14,  1872.  Am'd. 
1880,   11. 

Similar  amendment  as  in  section  787. 

§  793.  Conviction  or  acquittal  in  another  state  a  bar, 
where  the  jurisdiction  is  concurrent.  When  an  act  charged 
as  a  public  offense  is  within  the  jurisdiction  of  another 
state  or  country,  as  well  as  of  this  state,  a  conviction  or 
acquittal  thereof  in  the  former  is  a  bar  to  the  prosecution 
or  indictment  therefor  in  this  state.  En.  February  14, 
1872. 

Grim.  Prac.  Act,  sec.  94.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  794.  Conviction  or  acquittal  in  another  county  a  bar 
where  the  jurisdiction  is  concurrent.  When  an  offense  is 
within  the  jurisdiction  of  two  or  more  counties,  a  convic- 
tion or  acquittal  thereof  in  one  county  is  a  bar  to  a  prose- 
cution or  indictment  therefor  in  another.  En.  February  14 
1872.  ' 

Grim.  Prac.  Act,  sec.  95.  En,  April  20,  1850.  Eep.  1851 
290.     En.  1851,  212. 

§  795.  Jurisdiction  of  prize-fight.  The  jurisdiction  of  a 
violation   of  sections  four   hundred   and   twelve,   four  hun- 


§§  799,  800    TIME    OF   COMMENCING   CRIMINAL   ACTIONS.  295 

dred  and  thirteen,  and  four  hundred  and  fourteen  of  the 
Penal  Code,  or  a  conspiracy  to  violate  either  of  said  sec- 
tions, is  in  any  county: 

First.  In  which  any  act  is  done  toward  the  commission 
of  the  offense;   or. 

Second.  Into,  out  of,  or  through  which  the  offender 
passed  to   commit  the   offense;   or. 

Third.  Where  the  offender  is  arrested.  En.  Stats.  1873- 
4,  466. 

CHAPTER  II. 

OF    THE    TIME    OF    COMMENCING    CRiklNAL    ACTIONS. 

§  799.  Prosecution   for   murder   may   be   commenced   at   any    time. 

§  800.  Limitation  of  three  years  in  all  other  felonies. 

§  SOI.  Limitation   of  one   year  in  misdemeanors. 

§  S02.  Exception  when  the  defendant  is  out  of  the  state. 

5  SOS.  Indictment   found,    when  presented  and  filed. 

§  799.  Prosecution  for  murder  may  be  commenced  at 
any  time.  There  is  no  limitation  of  time  within  which  a 
prosecution  for  murder,  the  embezzlement  of  public  moneys, 
and  the  falsification  of  public  records  must  be  commenced. 
Prosecution  for  murder  may  be  commenced  at  any  time 
after  the  death  of  the  person  killed,  and  for  the  embezzle- 
ment of  public  money  or  the  falsification  of  public  records, 
at  any  time  after  the  discovery  of  the  crime.  En.  Febru- 
ary 14,  1872.     Am'd.  1891,  192. 

Crim.  Prac.  Act,  sec.  96.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Cal.  Rep.  Cit.     44,  97. 

§  800.  Limitation  of  three  years  in  all  other  felonies. 
An  indictment  for  any  other  felony  than  murder,  the  em- 
bezzlement of  public  money,  or  the  falsification  of  public 
records,  must  be  found,  or  an  information  filed,  within  three 
years  after  its  commission.  En.  February  14,  1872.  Am'd. 
1880,  12;   1891,  193. 

Cal.  Rep.  Cit.     85,  88. 

Crim.  Prac.  Act,  sec.  97.  En.  April  20,  1850.  Rep.  1851, 
290.  En.  1851,  212. 

Cal.  Bep.  Cit.  44,  97;  44,  99. 


299  THE)  INFORMATION.  §§  801-806 

§  801.  Limitation  of  one  year  in  misdemeanors.  An  in- 
dictment for  any  misdemeanor  must  be  found  or  an  in- 
formation filed  within  one  year  after  its  commission.  En. 
February  14,  1872.     Am'd.  1880,  12. 

Cal.  Eep.  Cit.  62,  142;  77,  359;  84,  80;  85,  87;  85,  88; 
124,   361;    137,  268;    137,  269;   138,   535. 

Grim.  Prae.  Act,  se3.  98.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  802.     Exception  when  the  defendant  is  out  of  the  state. 

If,  when  the  offense  is  committed,  the  defendant  is  out 
of  the  state,  the  indictment  may  be  found  or  an  informa- 
tion filed  within  the  term  herein  limited  after  his  coming 
within  the  state,  and  no  time  during  which  the  defendant 
is  not  an  inhabitant  of,  or  usually  resident  within  this  state,' 
is  part  of  the  limitation.  En.  February  14,  1872.  Am'd. 
1880,  12. 

Cal.  Rep.  Cit.     77,  359;  84,  80;  85,  80. 

Crim.  Prac.  Act,  sec.  99.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212, 

§  803.    Indictment  found,  when  presented  and  filed.     An 

indictment  is  found,  within  the  meaning  of  this  chapter, 
when-  it  is  presented  by  the  grand  jury  in  open  court,  and 
there  received  and  filed.     En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  100.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

CHAPTER  III. 

THE    INFORMATION. 

§  S06.  Complaint   defined. 

§  SOT.  Magistrate    defined. 

§  SOS.  Who   are    magistrates. 

§  809.  Filing   information. 

§  806.  Complaint  defined.  The  complaint  is  the  allega- 
tion in  writing  made  to  a  court  or  magistrate  that  a  per- 
son has  been  guilty  of  some  designated  offense.  En.  Feb- 
ruary 14,  1872.     Am'd.  1880,  12. 

Cal.   Rep.   Cit.     65,  615. 

Crim.  Prac.  Act,  sec.  101.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

See  ante,  sec.  701. 


§§  807-809  THE  INFORMATION.  300 

§  807.  Magistrate  defined.  A  magistrate  is  an  officer 
having  power  to  issue  a  warrant  for  the  arrest  of  a  per- 
son charged  with  a  public  offense.     En.  February   14,  1872. 

Cal.  Rep.  Cit.     68,  503;  111,  661;  115,  54. 

Crim.  Prac.  Act,  sec.  102.  En.  April  20,  18.50.  Kep.  1851, 
290,     En.  1851,  212. 

§  808.  Who  are  magistrates.  The  following  persons  are 
magistrates: 

1.  The  justices  of  the  supreme  court. 

2.  The  judges  of  the  superior  courts. 

3.  .Justices  of  the  peace. 

4.  Police  magistrates  in  towns  or  cities.  En.  February 
14,   1872.     Am'd.   1880,   7. 

Cal.  Eep.  Cit.     51,  376;  &8,  503;  115,  54;  118,  78;  145,  743. 
Crim.  Prac.  Act,  sec.  103.     En.  April  20,  1850.     Eep.  1851, 
290.     En.  1851,  212. 

§  809.     Filing  information.     When  a  defendant  has  been 

examined  and  committed,  as  provided  in  section  eight  hun- 
dred and  seventy-two  of  this  code,  it  shall  be  the  duty  of 
the  district  attorney,  within  thirty  days  thereafter  to  file 
in  the  superior  court  of  the  county  in  which  the  offense 
is  triable  an  information  charging  the  defendant  with  such 
offense.  The  information  shall  be  in  the  name  of  the  people 
of  the  state  of  California,  and  subscribed  by  the  district 
attorney,  and  shall  be  in  form  like  an  indictment  for  the 
same  offense.     En.   Stats.   1880,  12. 

Cal.  Rep.  Cit.  56,  234;  57,  561;  65,  108;  66,  395;  -66,  664; 
67,  232;  67,  234;  68,  503;  68,  579;  85,  88;  91,  648; 
108,  663;  109,  450;  113,  284;  117,  656;  142,  13;  142, 
598;  143,  221. 


810  (new).  If  the  information  or  other  pleading  in  any 
criminal  action  now  pending,  or  which  may  be  hereafter 
commenced,  has  heretofore  been  lost  or  destroyed,  or  shall 
hereafter  be  lost  or  destroyed,  the  court  must  upon  the 
application  of  the  attorney  general,  district  attorney,  or  the 
defendant,  order  a  copy  of  the  information  or  other  plead- 
ing to  be  filed  and  substituted  for  the  original,  and  when 
filed  and  substituted,  as  provided  in  this  section,  it  shall 
have  the  same  force  and  effect  as  if  it  were  the  original 
information  or  other  pleading.      (In  effect  March  22,  1907.) 


301  WARRANT  OF  ARREST.  §§  SU,  512 

CHAPTEE  IV. 

THE  WARRANT  OF  ARREST. 

§  Sll.  Examination  of  the  prosecutor  and  his  witnesses  upon  the  In- 
formation. 

§  812.     Depositions,    what  to  contain. 

§  S13.    When    warrant    may   issue. 

§  814.     Form  of  warrant. 

§  815.  Name  or  description  of  the  defendant  In  the  warrant,  and  state- 
ment of  the  offense. 

§  816.    Warrant  to  be  directed  to  and  executed  by  peace  officer. 

§  817.    Who  are  peace   officers. 

§  818.    To  what  peace  officers  warrants  are  to  be  'directed. 

§  819.     Same;    and   when   and  how  executed   in  another  county. 

§  820.    Indorsement  on  warrant,   for  service  in   another  county.  • 

§  821.  Defendant  to  be  taken  before  the  magistrate  issuing  the  war- 
rant,  etc. 

§  822.  Defendant  arreste'd  for  misdemeanor  in  another  county,  to  b? 
admitted   to  ball. 

§  823.     Proceedings  on   taking  ball  from  the  defendant    in  such  cases. 

§  824.  When  bail  is  not  given.  When  magistrate  who  issued  warrant 
cannot  act. 

§  825.    No  delay  in   taking  defendant  before  magistrate. 

§  826.    Proceedings  where  -defendant  is  taken  before  another  magistrate. 

§  827.     Proceedings  for  offenses  triable  in   another  county. 

§  828.     Duty   of   officer. 

§  829.     Admission    to    bail. 

§  811.  Examination  of  the  prosecutor  and  his  witnesses 
upon  the  information.  When  an  information  is  laid  before 
a  magistrate  of  the  commission  of  a  public  offense,  triable 
•within  the  county,  he  must  examine  on  oath  the  informant 
or  prosecutor,  and  any  witnesses  he  may  produce,  and  take 
their  depositions  in  writing,  and  cause  them  to  be  sub- 
scribed by  the  parties  making  them.  En.  February  14, 
1872. 

Cal.  Eep.  Cit.  54,  103;  74,  166;  91,  25;  96,  317;  121,  531; 
131,  578;   133,  333;   143,  218;   144,  61. 

Crim.  Prac.  Act,  sec.  105.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Magistrates,  who  are:  See  post,  sec.  808.  As  to  ex- 
amination on  commission:     See  post,  sees.  1349  et  seq. 

§  812.  Depositions,  what  to  contain.  The  deposition 
must  set  forth  the  facts  stated  by  the  prosecutor  and  his 
witnesses,  tending  to  establish  the  commission  of  the  offense 
and  the  guilt  of  the  defendant.     En.  February  14,   1872. 


§§  S13-S15  WARRANT  OF  ARREST.  302 

Cal.  Eep.  Cit.     74,  166;  91,  25;  133,  333;  143,  218. 

Crim.  Prac.  Act,  sec.  105.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,   212. 

§  813.  When  warrant  may  issue.  If  the  magistrate  is 
satisfied  therefrom  that  the  offense  complained  of  has  been 
committed,  and  that  there  is  reasonable  ground  to  believe 
that  the  defendant  has  committed  it,  he  must  issue  a  war- 
rant of  arrest.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     74,  166;  91,  25;  143,  218. 

Crim.  Prac.  Act,  see.  106.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,   212. 

§  814.  Form  of  "warrant.  A  warrant  of  arrest  is  an  order 
in  writing,  in  the  name  of  the  people,  signed  by  a  magistrate, 
commanding  the  arrest  of  the  defendant,  and  may  be  sub- 
stantially in  the  following  form: 

County  of . 

The  People  of  the  State   of  California,  to  any  sheriff,   con- 
stable,   marshal,    or    policeman    of    said    state,    or    of    the 

county  of  : 

Information   on    oath    having   been    this    day   laid    before 

me,  by  A.  B.,  that  the   crime  of  (designating  it)    has 

been  committed,  and  accusing  C.  D.  thereof,  you  are  there- 
fore commanded  forthwith  to  arrest  the  above  named  C.  D. 
and  bring  him  before  me  at  (naming  the  place),  or  in  case 
of  my  absence  or  inability  to  act,  before  the  nearest  or  most 
accessible  magistrate  in   this  county. 

Dated  at  ,  this  day  of  ,  eighteen  .     En. 

February  14,  1872, 

Cal.  Eep.  Cit.     59,  355. 

Crim.  Prac.  Act,  sec.  107.  En.  April  20,  1850.  Eep.  1851, 
290.  En.  1851,  212. 

Cal.  Eep.  Cit.  19,  134. 

Before  whom  to  be  taken:     See  post,  sec.  824. 

§  815.  Name  or  description  of  the  defendant  in  the  war- 
rant, and  statement  of  the  offense.  The  warrant  must  spec- 
ify the  name  of  the  defendant,  or,  if  it  is  unknown  to 
the  magistrate,  the  defendant  may  be  designated  therein 
by  any  name.  It  must  also  state  the  time  of  issuing  it,  and 
the  county,  city,  or  town  where  it  is  issued,  and  be  signed 


303  WARRANT  OF  ARREST.  §§  816-819 

by  the  magistrate,  with  his  name  of  office.  En.  February 
14,  1872. 

Cal.  Eep.  Cit.     59,  355. 

Grim.  Prae.  Act,  sec.  108.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  816.  Warrant  to  be  directed  to  and  executed  by  peace 
officer.  The  warrant  must  be  directed  to  and  executed  by 
a  peace  oflScer.     En.  February  14,  1872. 

Grim.  Prac.  Act,  sec.  109.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  817.  Who  are  peace  officers.  A  peace  officer  is  a  sher- 
iff of  a  county,  or  a  constable,  marshal,  or  policeman  of  a 
township,  city,  or  town.     En.  February  14,  1872. 

Cal.  Rep.  Cit.     120,  268. 

Grim.  Prac.  Act,  sec.  110.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,  212.  ♦ 

§  818.     To  what  peace  officers  warrants  are  to  be  directed. 

If  a  warrant  is  issued  by  a  justice  of  the  supreme  court, 
or  judge  of  a  superior  court,  it  may  be  directed  gener- 
ally to  any  sheriiJ,  constable,  marshal,  or  policeman  in 
the  state,  and  may  be  executed  by  any  of  those  officers  to 
whom  it  may  be  delivered.  En.  February  14,  1872.  Am'd. 
1880,  33. 

Cal.  Rep.  Cit.     54,  103;  82,  190. 

Grim.  Prac.  Act,  sec.  111.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  819.  Same;  and  when  and  how  executed  in  another 
county.  If  it  is  issued  by  any  other  magistrate,  it  may 
be  directed  generally  to  any  sheriff,  constable,  marshal, 
or  policeman  in  the  county  in  which  it  is  issued,  and  may 
be  executed  in  that  county;  or,  if  the  defendant  is  in 
another  county,  it  may  be  executed  therein  upon  the  writ- 
ten direction  of  a  magistrate  of  that  county,  indorsed  upon 
the  warrant,  signed  by  him,  with  his  name  of  office,  and 
dated  at  the  county,  city,  or  town  where  it  is  made,  to  the 
following   effect:    "This    warrant    may    be    executed   in    the 

county   of  "    (naming  the   county).     En.   February   14, 

1872. 

Cal.  Kep.  Cit.     54,  103;  82,  190. 


§§  S20-822  WARRANT   OF    ARREST.  304 

Crim.  Prac.  Act,  sec.  112.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  820.  Indorsement  on  warrant,  for  service  in  another 
county.  The  indorsement  mentioned  in  the  last  section 
cannot,  however,  be  made  unless  the  warrant  of  arrest  be 
accompanied  with  a  certificate  of  the  clerk  of  the  county 
where  such  warrant  was  issued,  under  the  seal  of  the 
superior  court  thereof,  as  to  the  official  character  of 
the  magistrate,  or,  unless  upon  the  oath  of  a  credible 
witness,  in  writing,  indorsed  on  or  annexed  to  the  war- 
rant, proving  the  handwriting  of  the  magistrate  by  whom  it 
was  issued.  Upon  such  proof,  the  magistrate  indorsing  the 
warrant  is  exempted  from  liability  to  a  civil  or  criminal 
action,  though  it  afterwards  appear  that  the  warrant  was 
illegally  or  improperly  issued.  En.  February  14,  1872. 
Am'd.  1880,  33. 

Crim.  Prac.  Act,  sec.  113.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,' 212. 

§  821.  Defendant  to  be  taken  before  the  magistrate 
issuing  the  warrant,  etc.  If  the  offense  charged  is  a  felony, 
the  officer  making  the  arrest  must  take  the  defendant  be- 
fore the  magistrate  who  issued  the  warrant,  or  some  other 
magistrate  of  the  same  county,  as  provided  in  section  eight 
hundred  and  twenty-four.     En.  February  14,  1872. 

Cal.    Rep.    Cit.     54,    103;    65,    217;    67,    232. 

Crim.  Prac.  Act,  see.  116.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Bail. — Defendant  must  be  taken  before  magistrate  who. 
issued  warrant:  Post,  sec.  824. 

§  822.  Defendant  arrested  for  misdemeanor  in  another 
county,  to  be  admitted  to  bail.  If  the  offense  charged  is 
a  misdemeanor,  and  the  defendant  is  arrested  in  another 
county,  the  officer  must,  upon  being  required  by  the  de- 
fendant, take  him  before  a  magistrate  in  that,  county,  who 
must  admit  the  defendant  to  bail,  and  take  bail  from  him 
accordingly.     En.    February    14,    1872. 

Cal.  Rep.  Cit.     54,  103;   67,  232. 

Crim.  Prac.  Act,  sec.  115.  En.  April  20,  1850.  Rep.  1851, 
290.  En.  1851,  212. 


825.  The  defendant  must  In  all  cases  be^  taken  before 
the  magistrate  without  unnecessary  delay,  and  after  such 
arrest,  any  attorney  at  law  entitled  to  practice  in  the  courts 
of  record  of  California,  may  at  the  request  of  the  prisoner 
or  any  relative  of  such  prisoner,  visit  the  person  so  ar- 
rested. Any  officer  having  charge  of  the  prisoner  so  ar- 
rested who  wilfully  refuses  or  neglects  to  allow  such  at- 
torney to  visit  a  prisoner  is  guilty  of  a  misdemeanor.  Any 
officer  having  a  prisoner  in  charge,  who  refuses  to  allow 
an  attorney  to  visit  the  prisoner  wlien  proper  application  is 
made  therefor  shall  forfeit  and  pay  to  the  party  aggrieved 
the  sum  of  five  hundred  dollars,  to  be  recovered  by  action 
in  any  court  of  competent  jurisdiction.  (In  effect  March 
22,    1907.). 


305  WARRANT    OF    ARREST.  §§  823-826 

§  823.  Proceedings  on  taking  bail  from  the  defendant 
in  such  cases.  On  taking  the  bail,  the  magistrate  must 
certify  that  fact  on  the  warrant,  and  deliver  the  warrant 
and  undertaking  of  bail  to  the  officer  having  charge  of  the 
defendant.  The  officer  must  then  discharge  the  defendant 
from  arrest,  and  must,  without  delay,  deliver  the  warrant 
and  undertaking  to  the  clerk  of  the  court  at  which  the  de- 
defendant  is  required  to  appear.     En.  February  14,  1872, 

Grim.  Prac.  Act,  sec.  116.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  824.  When  bail  is  not  given.  When  magistrate  who 
issued  warrant  cannot  act.  If,  on  the  admission  of  the 
defendant  to  bail,  the  bail  is  not  forthwith  given,  the  offi- 
cer must  take  the  defendant  before  the  magistrate  who 
issued  the  warrant,  or,  in  case  of  his  absence  or  inability 
to  act,  before  the  nearest  or  most  accessible  magistrate  in 
the  same  county,  and  must  at  the  same  time  deliver  to 
the  magistrate  the  warrant,  with  his  return  thereou  in- 
dorsed and  subscribed  by  him.     En.  February  14,  1872. 

Gal.  Eep.  Git.     54,  103;   65,  217. 

Grim.  Prac.  Act,  sec.  117.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Grim.  Prac.  Act,  sec.  118.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  825.    No  delay  in  taking  defendant  before  magistrate. 

The  defendant  must  in  all  cases  be  taken  before  the  magis- 
trate without  unnecessary  delay,  and  any  attorney-at-law 
entitled  to  practice  in  courts  of  record  of  California,  may, 
at  the  request  of  the  prisoner  after  such  arrest,  visit  the 
person  so  arrested.     En.  February,  14,  1872.     Am'd.  1880,  30. 

Grim.  Prac.  Act,  sec.  119.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  826.  Proceedings  where  defendant  is  taken  before  an- 
other magistrate.  If  the  defendant  is  brought  before  a 
magistrate  other  than  the  one  who  issued  the  warrant,  the 
depositions  on  which  the  warrant  was  granted  must  be 
sent  to  that  magistrate,  or,  if  they  cannot  be  procured,  the 
prosecutor  and  his  witnesses  must  be  summoned  to  give 
their  testimony  anew.     En.  February   14,  1872. 

Gal.  Eep.  Git.     65,  217. 

Pen.  Code— 20 


§§  827-829  WARRANT  OF  ARREST.  306 

Crim.  Prac.  Act,  sec.  120.  En.  April  20,  1850.  Kep.  1851, 
290.     En.  1851,  212. 

Cal.  Eep.   Cit.     19,   135. 

§  827.     Proceedings  for  offenses  triable  in  another  county. 

When  an  information  is  laid  before  a  magistrate  of  tie 
commission  of  a  public  offense  triable  in  another  county  of 
the  state,  but  showing  that  the  defendant  is  in  the  county 
where  the  information  is  laid,  the  same  proceedings  must 
be  had  as  prescribed  in  this  chapter,  except  that  the 
warrant  must  require  the  defendant  to  be  taken  before 
the  nearest  and  most  accessible  magistrate  of  the  county 
in  which  the  offense  is  triable,  and  the  depositions  of  the 
informant  or  prosecutor,  and  of  the  witnesses  who  may 
have  been  produced,  must  be  delivered  by  the  magistrate 
to  the  officer  to  whom  the  warrant  is  delivered.  En.  Feb- 
ruary  14,   1872. 

Crim.  Prac.  Act,  sec.  121.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  828.  Duty  of  officer.  The  officer  who  executes  the  war- 
rant must  take  the  defendant  before  the  nearest  or  most 
accessible  magistrate  of  the  county  in  which  the  offense  is 
triable,  and  must  deliver  to  him  the  depositions  and  the 
warrant,  w^ith  his  return  indorsed  thereon,  and  the  magis- 
trate must  then  proceed  in  the  same  manner  as  upon  a  war- 
rant issued  by  himself.     En.  February   14,   1872. 

Crim.  Prac.  Act,  sec.  122.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  829.  Admission  to  bail.  If  the  offense  charged  in  the 
warrant  issued  pursuant  to  section  eight  hundred  and  twenty- 
seven  is  a  misdemeanor,  the  officer  must,  upon  being  re- 
quired by  the  defendant,  take  him  before  a  magistrate 
of  the  county  in  which  the  warrant  was  issued,  who  must 
admit  the  defendant  to  bail,  and  immediately  transmit  the 
warrant,  depositions,  and  undertaking,  to  the  clerk  of  the 
court  in  which  the  defendant  is  required  to  appear.  En. 
February   14,   1872. 

Crim.  Prac.  Act,  see.  123.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 


307  ARREST,   BY  WHOM  AND   HOW  MADE.  §§  834-83c 

CHAPTEE  V. 

ARREST,    BY    WHOM    AND    HOW    MADE. 

§  834'.  Arrest  defined.     By  whom  made. 

§  835.  How  an  arrest  is  made  and  what  restraint  allowed. 

§  836.  Arrests  by   peace  officers. 

§  S37.  Arrests   by   private   persons. 

§  S3S.  Magistrates  may  order  arrest. 

§  839.  Persons   making  arrest   may   summon   assistance. 

§  840.  Arrest,    when   made;   without   warrant. 

§  S41.  Arrest,    how    made 

§  842.  Warrant  must  be   shown,    when. 

§  843.  What    force    may    be   used. 

§  844.  Doors   and   windows   may   be  broken,    when. 

§  845.  Same. 

§  846.  Weapons  may  be   taken  from  persons  arrested. 

§  847.  Duty  of  a  private  person  who  has  made  an  arrest. 

§  848.  Duty   of   officer   arresting   with    warrant, 

§  849.  Person   arrested   without  a   warrant   to   be   taken   before  a  magis- 
trate.    Information    to    be    filed. 

§  850.  Arrest    by    telegraph. 

§  851.  Same. 

§  834;.  Arrest  defined.  By  whom  made.  An  arrest  is 
taking  a  person  into  custody,  in  a  case  and  in  tlie  manner 
authorized  by  law.  An  arrest  may  be  made  by  a  peace 
officer  or  by  a  private  person.     En.  February  14,  1872. 

§  835.  How  an  arrest  is  made  and  what  restraint  al- 
lowed. An  arrest  is  made  by  an  actual  restraint  of  the  per- 
son of  the  defendant,  or  bj^  his  submission  to  the  custody 
of  an  officer.  The  defendant  must  not  be  subjected  to  any 
more  restraint  than  is  necessary  for  his  arrest  and  deten- 
tion.    En.  February  14,  1872. 

§  836.  Arrests  by  peace  officers.  A  peace  officer  may 
make  an  arrest  in  obedience  to  a  warrant  delivered  to  him, 
or  may,  without  a  warrant,  arrest  a  person — 

1.  For  a  public  offense  committed  or  attempted  in  his 
presence. 

2.  When  a  person  arrested  has  committed  a  felony,  al- 
though not  in   his  presence. 

3.  "When  a  felony  has  in  fact  been  committed,  and  he 
has  reasonable  cause  for  believing  the  person  arrested  to 
have  committed   it. 

11 


§§  S37-S40  ARREST,   BY  WHOM  AND  HOW  MADE.  308 

4.  On  a  charge  made,  upon  a  reasonable  cause,  of  the 
commission  of  a  felony  by  the  party  arrested. 

5.  At  night,  when  there  is  reasonable  cause  to  believe 
that  he  has  committed  a  felony.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     104,  89;  120,  268. 

Eef using    to    arrest:     Ante,    sec.    142. 

Warrant,  by  whom  executed:     Ante,  sec.  816. 

Arrest  under  warrant,  duty  of  officer:     Post,  see.  848. 

Arrest  without  warrant,  duty  of  officer:     Post,  sec.  849. 

Peace  officers:     Ante,  sec.  817. 

§  837.  Arrests  by  private  persons.  A  private  person  may 
arrest  another — 

1.  For  a  public  offense  committed  or  attempted  in  his 
presence. 

2.  When  the  person  arrested  has  committed  a  felony,  al- 
though not  in  his  presence. 

3.  When  a  felony  has  been  in  fact  committed,  and  he 
has  reasonable  cause  for  believing  the  person  arrested  to 
have  committed  it.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     63,  424;  108,  57;  127,  322. 

§  838.  Magistrates  may  order  arrest.  A  magistrate  may 
orally  order  a  peace  officer  or  private  person  to  arrest  any 
one  committing  or  attempting  to  commit  a  public  offense 
in  the  presence  of  such  magistrate.     En.  February  14,  1872. 

Magistrates,  who  are:     Ante,  sec.  808. 

§  839.     Persons   making    arrest   may    summon    assistance. 

Any  person  making  an  arrest  may  orally  summon  as  many 
persons  as  he  deems  necessary  to  aid  him  therein.  En. 
February  14,  1872. 

§  840.  Arrests,  when  may  be  made;  without  warrant, 
when.  If  the  offense  charged  is  a  felony,  the  arrest  may  be 
made  on  any  day,  and  at  any  time  of  the  daj  or  night.  If 
it  is  a  misdemeanor,  the  arrest  cannot  be  made  at  night,  un- 
less upon  the  direction  of  the  magistrate,  indorsed  upon  the 
warrant,  except  when  the  offense  is  committed  in  the  pres- 
ence of  the  arresting  officer.  En.  February  14,  1872.  Am'd. 
1905,   693. 


309  ARREST,    BY   WHOM    AND   HOW   MADE.  §§  841-846 

The  purpose  of  the  amendment  is  to  authorize  an  officer  to  arrest 
without  a  warrant  at  night-time  for  a  misdemeanor  committed  in  his 
presence.  The  change  consists  in  the  addition  of  the  words  "except 
when  the  offense  is  committed  in  the  presence  of  the  arresting  otti- 
cer."— Code   Comniis.sioner's  Note. 

§  841.  Arrest,  how  made.  The  person  making  the  arrest 
must  inform  the  person  to  be  arrested  of  the  intention  to 
arrest  him,  of  the  cause  of  the  arrest,  and  the  authority 
to  make  it,  except  when  the  person  to  be  arrested  is  actually 
engaged  in  the  commission  of  or  an  attempt  to  comni.it 
an  offense,  or  is  pursued  immediately  after  its  commission, 
or  after  an  escape.     En.  February  14,  1872. 

§  842.  Warrant  must  be  shown,  when.  If  the  person 
making  the  arrest  is  acting  under  the  authority  of  a  war- 
rant, he  must  show  the  warrant,  if  required.  En.  Eebru,- 
ary  14,  1872. 

§  843.  What  force  may  be  used.  When  the  arrest  is 
being  made,  by  an  officer  under  the  authority  of  a  warrant, 
after  information  of  the  intention  to  make  the  arrest,  if 
the  person  to  be  arrested  either  flees  or  forcibly  resists, 
the  officer  may  use  all  necessary  means  to  effect  the  arrest. 
En.   February   14,   1872. 

§  844.  Doors  and  windows  may  be  broken,  when.  To 
make  an  arrest,  a  private  person,  if  the  offense  be  a 
felony,  and  in  all  cases  a  peace  officer,  may  break  open 
the  door  or  window  of  the  house  in  which  the  person  to 
be  arrested  is,  or  in  which  they  have  reasonable  grounds 
for  believing  him  to  be,  after  having  demanded  admit- 
tance and  explained  the  purpose  for  which  admittance  is 
desired.     En.  February  14,  1872.     Am'd.  1873-4,  435. 

§  845.  Same.  Any  person  who  has  lawfully  entered  a 
house  for  the  purpose  of  making  an  arrest,  may  break  open 
the  door  or  window  thereof  if  detained  therein,  when  neces- 
sary for  the  purpose  of  liberating  himself,  and  an  officer 
may  do  the  same,  when  necessary  fdr  the  purpose  of  liberat- 
ing a  person  who,  acting  in  his  aid,  lawfully  entered  for 
the  purpose  of  making  an  arrest,  and  is  detained  therein. 
En.  February  14,  1872. 

§  846.     Weapons    may   be    taken    from    persons    arrested. 

Any   person   making   an    arrest    may   take   from   the    person 
arrested   all   offensive   weapons   which   he    may   have    about 


§§   S47-S51  ARREST,    BY   WHOM   AND   HOW   MADE.  313 

his  person,  and  must  deliver  them  to  the  magistrate  before 
whom  he  is  taken.     En.  February  14,  1872. 

§  847.    Duty  of  a  private  person  who  has  made  an  arrest. 

A  private  person  who  has  arrested  another  for  the  com- 
mission of  a  public  offense  must,  without  unnecessary  de- 
lay, take  the  person  arrested  before  a  magistrate,  or  deliver 
him  to  a  peace  officer.     En.  February  14,  1872. 

§  848.  Duty  of  ofllcer  arresting  with  warrant.  An  officer 
making  an  arrest,  in  obedience  to  a  warrant,  must  proceed 
with  the  person  arrested  as  commanded  by  the  warrant, 
or  as  provided  by  law.     En.  February  14,  1872. 

Warrant   of  arrest,   form   of:     Ante,   sec.   814. 

§  849,  Person  arrested  without  a  warrant  to  be  taken 
before  a  magistrate.  Information  to  be  filed.  When  an 
arrest  is  made  without  a  warrant  by  a  peace  officer  or 
private  person,  the  person  arrested  must,  without  unneces- 
sary delay,  be  taken  before  the  nearest  or  most  accessible 
magistrate  in  the  county  in  which  the  arrest  is  made,  and 
an  information,  stating  the  charge  against  the  person, 
must  be  laid  before  such  magistrate.  En.  February  14, 
1872. 

§  850.  Arrest  by  telegraph.  A  justice  of  the  supreme 
court,  or  a  judge  of  a  superior  court,  may,  by  an  indorse- 
ment under  his  hand  upon  a  warrant  of  arrest,  authorize 
the  service  thereof  by  telegraph,  and  thereafter  a  tele- 
graphic copy  of  such  warrant  may  be  sent  by  telegraph  to 
one  or  more  peace  officers,  and  such  copy  is  as  effectual 
in  the  hands  of  any  officer,  and  he  must  proceed  in  the 
same  manner  under  it  as  though  he  held  an  original  war- 
rant issued  by  the  magistrate  making  the  indorsement.  En. 
February  14,  1872.     Am'd.  1880,  33. 

§  851.  Same.  Every  officer  causing  telegraphic  copies 
of  warrants  to  be  sent,  must  certify  as  correct,  and  file  in 


311  RETAKING  AFTER  ESCAPE  OR   RESCUE.  §§  854,  855 

the  telegraph  office  from  which  such  copies  are  sent,  a  copy 
of  the  warrant  and  indorsement  thereon,  and  must  return 
the  original  with  a  statement  of  his  action  thereunder.  En. 
February  14,   1872. 


CHAPTEE  VI. 

RETAKING    AFTER    AN    ESCAPE    OR    RESCUE. 

§  854.    May  be  at  any  time  or  in  any  place  in  the  state. 

§  855.     May   break   open    door   or    window    if   admittance   refused. 

§  854,  May  be  at  any  time  or  in  any  place  in  the  state. 
If  a  person  arrested  escape  or  is  rescued,  the  person  from 
whose  custody  he  escaped  or  was  rescued,  may  immediately 
pursue  and  retake  him  at  any  time  and  in  any  place  within 
the  state.     En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  144.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Assisting  escapes:   Ante,  sec.  109. 

§  855.  May  break  open  door  or  window  if  admittance 
refused.  To  retake  the  person  escaping  or  rescued,  the  per- 
son pursuing  may  break  open  an  outer  or  inner  door  or 
window  of  a  dwelling-house,  if,  after  jiotice  of  his  inten- 
tion, he  is  refused  admittance.     En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  145.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Breaking  doors  in  making  arrest:  Sec  ante,  sec.  844. 


§  S5S  EXAMINATION    OF   CASE. 


CHAPTEE  VII. 

EXAMINATION    OF    THE    CASE,    AND    DISCHARGE    OF    THE    DE- 
FENDANT,   OR   HOLDING   HIM   TO    ANSWER. 

§  S5S.     Magistrate  to  inform  the  defendant  of  tlie  charge,   and   his  right 

to   counsel. 
§  859.     Time  to   se.id   and   sending   for  counsel. 
§  S60.     Examination,    when  to  proceed. 
§  S61.     When   to  be  completed.     Postponement. 
§  S62.    On    postponement,    defendant    to   be    committed    or    discharged    on 

ball. 
§  863.     Form   of  Commitment. 

§  864.     Depositions  to  be  read   on  examination  and  subpoenas  issued. 
§  865.     Examination   of   witnesses   to   be   in  presence   of   defendant. 
§  S€6.     Examination   of   defendant's  witnesses. 
§  S67.     Exclusion   and   separation   of  witnesses. 
§  S68.    Who  may  be  present  at  the  examination. 
§  869.     Testimony,  how   taken  and  authenticated. 
§  870.     Deposition,    by    whom    and   how   kept. 
§  871.    Defendant,   when  and  how  'discharged. 
§  872.     When   and   how  to  be   committed. 
g  873.     Order   for   commitment. 

§  874.     Certificate  of  bail   being   taken.     (Repealed.) 
§  875.    Order  for  ball  on  commitment. 
§  876.    Commitment,   how  made  and  to  whom   delivered. 
§  877.  ,  Form   of   commitment. 
§  878.     Undertaking   of    witnesses   to   appear. 
§  879.     Security   for   the   appearance   of   witnesses. 

§  880.    Infants  and   married   women   may  be  required   to   give   security. 
§  881.    W^itnesses   to   be   committed   on   refusal  to   give  security  for  their 

appearance. 
§  882.    Witness    unable    to    give    security    may    be    conditionally    exam- 

med.     Not   applicable   to   prosecutor   or   accomplice. 
§  SS3.    Magistrate   to   return   depositions,    etc.,    to   the  court. 

§  858.  Magistrate  to  inform  defendant  of  the  charge, 
and  his  right  to  counsel.  When  the  defendant  is  brought 
before  the  magistrate  upon  an  arrest,  either  with  or  with- 
out warrant,  on  a  charge  of  having  committed  a  public 
offense,  the  magistrate  must  immediately  inform  him  of 
the  charge  against  him,  and  of  his  right  to  the  aid  of 
counsel  in  every  stage  of  the  proceedings.  En.  February 
14,  1872. 

Cal.  Eep.  Cit.  55,  298;  56,  232;  59,  366;  66,  595;  66,  596; 
66,  664;  67,  232;   105,  643. 


313  EXAMINATION    OF    CASE.  §§  S59-S61 

Crim.  Prac.  Act,  sec.  146.     En.  April  20,  1850.     Eep.  1851, 
290.     En.  1851,  212. 
CaJ.  Eep.  Git.     44,  557. 

§  859.  Time  to  send  and  sending  for  counsel.  He  must 
also  allow  the  defendant  a  reasonable  time  to  send  for  coun- 
sel, and  postpone  the  examination  for  that  purpose,  and 
must,  upon  the  request  of  the  defendant,  require  a  peace 
officer  to  take  a  message  to  any  counsel  in  the  township 
or  city  the  defendant  may  name.  The  officer  must,  with- 
out delay  and  without  fee,  perform  that  duty.  En.  Febru- 
ary 14,  1872. 

Cal.  Eep.  Git.  55,  298;  66,  595;  66,  596;  66,  664;  67,  232; 
105,  643. 

Grim.  Prac.  Act,  sec.  147.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Defendant's  right  to  counsel.  The  right  to  have  the  as- 
sistance of  counsel  is  a  constitutional  one:  Const.  1879, 
art.  I,  sec.  13;   see  ante,  sec.   825. 

§  860.  Examination,  when  to  proceed.  If  the  defendant 
requires  the  aid  of  counsel,  the  magistrate  must,  immedi- 
ately after  the  appearance  of  counsel,  or  if,  after  waiting 
a  reasonable  time  therefor,  none  appears,  proceed  to  exam- 
ine the  case.     En.  February  14,  1872. 

Cal.  Eep.  Git.  56,  232;  66,  595;  66,  596;  66,  664;  67,  232; 
105,  643. 

Grim.  Prac.  Act,  sec.  148.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  861.  When  to  be  completed.  Postponement.  The  ex- 
amination must  be  completed  at  one  session,  unless  the 
magistrate,  for  good  cause  shown  by  affidavit,  postpone  it. 
The  postponement  cannot  be  for  more  than  two  days  at 
each  time,  nor  more  than  six  days  in  all,  unless  by  con- 
sent or  on  motion  of  the  defendant.     En,  February  14,  1872. 

Gal.  Eep.  Git.  56,  233;  66,  596;  75,  302;  119,  325;  119, 
326;   139,  212. 


§§  862-864  EXAMINATION    OF    CASE.  314 

Crim.  Prac.  Act,  sec.  1-49.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  862.  On  postponement,  defendant  to  be  committed  or 
discharged  on  bail.  If  a  postponement  is  had,  the  magis- 
trate must  commit  the  defendant  for  examination,  admit 
him  to  bail  or  discharge  him  from  custody  upon  the  de- 
posit of  money  as  provided  in  this  code,  as  security  for  his 
appearance  at  the  time  to  which  the  examination  is  post- 
poned.    En.   February  14,   1872. 

Cal.  Eep.  Cit.     66,  596. 

Crim.  Prac.  Act,  sec.  150.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  863.  Form  of  commitment.  The  commitment  :^r  ex- 
amination is  made  by  an  indorsement,  signed  by  the  mag- 
istrate on  the  warrant  of  arrest,  to  the  following  effect: 
"The  within  named  A.  B.  having  been  brought  before  me 
under  this  warrant,  is  committed  for  examination  to  the 
sheriff  of  . "  If  the  sheriff  is  not  present,  the  defend- 
ant may  be  committed  to  the  custody  of  a  peace  officer. 
En.   February   11,   1872. 

Cal.  Eep.  Cit.     59,  366. 

Crim.  Prac.  Act,  see.  151.  Eu.  April  20,  1850.  Eep.  1851, 
290.     En.   2  .51,   212. 

§  864.  Depositions  to  be  read  on  examination  and  sub- 
poenas issued.  At  the  examination,  the  magistrate  must 
first  read  to  the  defendant  the  depositions  of  the  witnesses 
examined  on  taking  the  information.  He  must  also  issue 
subpoenas,  subscribed  by  him,  for  witnesses  within  the  state, 
required  either  by  the  prosecution  or  the  defense.  En. 
February  14,   1872. 

Cal.  Eep.  Cit.     56,  233;   59,  366. 

Crim.  Prac.  Act,  sec.  152.  En.  April  20,  1850.  Eep.  1851, 
290.  En.  1851,  212. 


S15  EXAMINATION    OF   CASE.  §§  865-869 

§  865,  Examination  of  witnesses  to  be  in  presence  of  de- 
fendant. The  witnesses  must  be  examined  in  the  presence 
of  the  defendant,  and  may  be  cross-examined  in  his  behalf. 
En.  February  14,  1872. 

Cal.  Eep.  Cit.     56,  233;  59,  366. 

Crim.  Prac.  Act,  sec.  153.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  866.  Examination  of  defendant's  witnesses.  When  the 
examination  of  witnesses  on  the  jiart  of  the  people  is  closed, 
any  witnesses  the  defendant  may  produce  must  be  sworn  and 
examined.     En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  159,  En.  April  20,  1850.  Eep.  1851, 
290,     En.  1851,  212. 

§  867.  Exclusion  and  separation  of  witnesses.  While 
a  witness  is  under  examination,  the  magistrate  may  ex- 
clude all  witnesses  who  have  not  been  examined.  He  may 
also  cause  the  witnesses  to  be  kept  separate,  and  to  be 
prevented  from  conversing  with  each  other  until  they  are 
all   examined.     En.  February  14,   1872. 

Crim.  Prac.  Act,  sec.  160.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,   212. 

See  next  section. 

§    868.     Who   may   be   present   at    the    examination.     The 

magistrate  must  also,  upon  the  request  of  the  defendant, 
exclude  from  the  examination  every  person  except  his  clerk, 
the  prosecutor  and  his  counsel,  the  attorney-general,  the 
district  attorney  of  the  county,  the  defendant  and  his  coun- 
sel, and  the  officer  having  the  defendant  in  custody.  En. 
February   14,   1872. 

Cal.  Rep.  Cit.     115,  61. 

Crim.  Prac.  Act,  sec.  161.  En.  April  20,  1850.  Eep,  1851, 
290,  En.  1851,  212.  Am'd.  1872,  528. 

See  ante,  sec.  867, 

§   869.     Testimony,  hoAff    taken    and    authenticated.     The 

testimony   of   each   witness,   in   cases   of   homicide,   must   be 


§  869  EXAMINATION    OF    CASE.  811 

reduced  to  writing,  as  a  deposition,  by  the  magistrate,  or 
under  his  direction,  and  in  other  eases  upon  the  demand 
of  the  prosecuting  attorney,  or  the  defendant,  or  his  coun- 
sel. The  magistrate  before  whom  the  examination  is  had 
may,  in  his  discretion,  order  the  testimony  and  proceed- 
ings to  be  taken  down  in  shorthand  in  all  examinations 
herein  mentioned,  and  for  that  purpose  he  may  appoint  a 
shorthand  reporter.  The  ileposition  or  testimony  of  the 
witness  must  be  authenticated  in  the  following  form: 

First.  It  must  state  the  name  of  the  witness,  his  place 
of  residence,  and  his  business  or  profession. 

Second.  It  must  contain  the  questions  put  to  the  wit- 
ness and  his  answers  thereto,  each  answer  being  distinctly 
read  to  him  as  it  is  taken  down,  and  being  corrected  or 
added  to  until  it  conforms  to  what  he  declares  is  the  truth, 
except  in  cases  where  the  testimony  is  taken  down  in  short- 
hand, the  answer  or  answers  of  the  witness  need  not  be  read 
to  him. 

Third.  If  a  question  put  be  objected  to  on  either  side 
and  overruled,  or  the  witness  declines  answering  it,  that 
fact,  with  the  ground  on  which  the  question  was  overruled 
or  the  answer  declined,  must  be  stated. 

Fourth.  The  deposition  must  be  signed  by  the  witness, 
or  if  he  refuses  to  sign  it,  his  reason  for  refusing  must  be 
stated  in  writing,  as  he  gives  it,  except  in  cases  where  the 
deposition  is  taken  down  in  shorthand,  it  need  not  be  signed 
by  the  witness. 

Fifth.  It  must  be  signed  and  certified  by  the  magistrate 
when  reduced  to  writing  by  him,  or  under  his  direction, 
and  when  taken  down  in  shorthand,  the  transcript  of  the 
reporter  appointed  as  aforesaid,  when  written  out  in  long- 
hand writing,  and  certified  as  being  a  correct  statement  of 
such  testimony  and  proceedings  in  the  case,  shall  be  prima 
facie  a  correct  statement  of  such  testimony  and  proceed- 
ings. The  reporter  shall,  within  ten  days  after  the  close 
of  such  examination,  if  the  defendant  be  held  to  answer 
the  charge,  transcribe  into  longhand' writing  his  said  short- 


317  EXAMINATION    OF    CASE.  §§  870,  871 

hand  notes,  and  certify  and  file  the  same  with  the  county 
clerk  of  the  county,  or  city  and  county,  in  which  the  de- 
fendant was  examined,  and  shall,  in  all  eases,  file  his  orig- 
inal notes  with  said  clerk. 

Sixth.     The  reporter's  compensation  shall  be  fixed  by  the 

magistrate   before   whom   the   examination  is   had,   and   shall 

not  exceed  that  now  allowed  reporters  in  the  superior  courts 

of  this  state,  and  shall  be  paid  out  of  the  treasury  of  the 

county,   or   the   city  and   county,  in  which   the   examination 

is  had,  on  the  certificate  and  order  of  the  said  magistrate. 

En.  February  14,  1872.     Am'd.  1880,  30;  1881,  18;  1885,  131. 

Cal.  Eep.   Cit.     50,  95;   50,  96;   54,  576;   54,  577;  56,  233; 

57,  652;  59,  366;  64,  86;  66,  102;  66,  664;  66,  676;  67,' 

232;    68,    503;    69,    602;    74,    393;     75,     101;     75,     302; 

75,  303;   77,  215;   83,  362;   100,  5;  105,  656;   105,  657; 

127,    161;   127,  424;   127,  426;   133,  334;   142,  221;   142, 

443;  142,  444;   143,  382;  143,  577;  143,  578;   145,  741; 

145,  742;  145,  743;  145,  749.     Subd.  2—57,  651.     Subd. 

3—75,   100.     Subd.  4—69,  602.     Subd.  5—68,  503;   77, 

215;  106,  649;  127,  244;  133,  333;  143,  381.     Subd.  6— 

83,  364;  83,  365;  83,  366. 

Crim.  Prac.  Act,  sec.  162.     En.  April  20,  1850.     Kep.  1851, 

290.     En.   1851,   212.     Eep.   1855,   269. 

§  870.  Deposition,  by  whom  and  how  kept.  The  magia 
trate  or  his  clerk  must  keep  the  depositions  taken  on  the 
information  or  on  the  examination,  until  they  are  returned 
to  the  proper  court;  and  must  not  permit  them  to  be  exam- 
ined or  copied  by  any  person  except  a  judge  of  a  court 
having  jurisdiction  of  the  offense,  or  authorized  to  issue 
writs  of  habeas  corpus,  the  attorney-general,  district  attor- 
ney, or  other  prosecuting  attorney,  and  the  defendant  and 
his  counsel.     En.  February  14,  1872. 

Cal.   Rep.   Cit.     56,   233;    133,  333. 

§  871.  Defendant,  when  and  how  discharged.  If,  after 
hearing  the  proofs,  it  appears  either  that  no  public  offense 


%  872  EXAMINATION   OF   CASE.  318 

has  been  committed  or  that  there  is  not  sufficient  cause  to 
believe  the  defendant  guilty  of  a  public  offense,  the  magis- 
trate must  order  the  defendant  to  be  discharged,  by  an  in- 
dorsement on  the  depositions  and  statement,  signed  by  him, 
to  the  following  effect:  "There  being  no  sufficient  cause 
to  believe  the  within  named  A.  B.  guilty  of  the  offense 
within  mentioned,  I  order  him  to  be  discharged. ' '  En. 
February   14,   1872. 

Cal.   Eep.   Cit.     133,  333. 

Crim.  Prac.  Act,  sec.  163.     En.  April  20,  1850.     Rep.  1851, 
290.     En.   1851,  212. 
Cal.  Rep.  Cit.     19,  137. 

§  872.  When  and  how  to  be  committed.  If,  however,  it 
appears  from  the  examination  that  a  public  offense  has  been 
committed,  and  there  is  sufficient  cause  to  believe  the  de- 
fendant guilty  thereof,  the  magistrate  must  make  or  indorse 
on  the  complaint  an  order,  signed  by  him,  to  the  following 
effect:  "It  appearing  to  me  that  the  offense  in  the  within 
complaint  mentioned  (or  any  offense,  according  to  the  fact, 
stating  generally  the  nature  thereof),  has  been  committed, 
and  that  there  is  sufficient  cause  to  believe  the  within 
named  A.  B.  guilty  thereof,  I  order  that  he  be  held  to  an- 
swer to  the  same."  En.  February  14,  1872.  Am'd.  1880, 
37;   1905,   763, 

The  change  consists  in  the  substitution  of  the  words  •■complaint" 
for  "deposition,"  and  in  the  omission  of  the  words  "'and  committed 
to  the  sheriff  of  the  county  of  blanli,"  at  the  end  of  the  section. — 
Code    Commissioner's    Note. 

Cal.  Rep.  Cit.  49,  651;  56,  233;  56,  234;  57,  561; 
59,  366;  61,  379;  64,  212;  64,  261;  65,  218;  66,  664;  67, 
232;  67,  233;  68,  578;  68,  579;  69,  602;.  73,  255;  84, 
600;  84,  601;  85,  88;  85,  364;  91,  26;  93,  379;  94,  499; 
96,  317;  109,  449;  113,  284;  133,  334;  142,  598;  143, 
219;   143,  353. 

Crim.  Prac.  Act,  sec.  164.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Cal.  Rep.  Cit.     19,  137. 

Time  to  file  information  See  ante,  sec.  809. 


319  EXAMINATION    OF    CASE.  §§  873-876 

§  873.  Order  for  commitment.  If  the  offense  is  not 
bailable,  the  following  words  must  be  added  to  the  indorse- 
ment: "And  he  is  hereby  committed  to  the  sheriff  of  the 
county  of  . "     En.  February  14,  1872. 

Cal.  Rep.  Cit.     49,  651. 

Crim.  Prac.  Act,  sec.  165.  En.  April  20,  1850.  .  Rep.  1851, 
290.     En.  1851,  212. 

§  874.  Certificate  of  bail  being  taken.  (Repealed.)  En. 
■February  14,  1872.     Rep.  1880,  37. 

Cal.  Rep.  Cit.     49,  651;  51,  376. 

Crim.  Prac.  Act,  sec.  166.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  875.  Order  for  bail  on  commitment.  If  the  offense  is 
bailable,  and  the  defendant  is  admitted  to  bail,  the  fol- 
lowing words  must  be  added  to  the  order:  "And  that  he 
be  admitted  to  bail  in  the  sum  of  dollars,  and  is  com- 
mitted to  the  sheriff  of  the  county  of  until  he  gives 

such  bail."     En.  February  14,  1872.     Am'd.  1880,  37. 

Cal.  Rep.  Cit.     49,  651;  84,  601;  84,  602. 

Crim.  Prac.  Act,  sec.  167.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Bail  generally:     See  sees.  1268  et  seq. 

§  876.  Commitment,  how  made  and  to  whom  delivered. 
If  the  magistrate  order  the  defendant  to  be  committed^ 
he  must  make  out  a  commitment,  signed  by  him,  with  his 
name  of  office,  and  deliver  it,  with  the  defendant,  to  the 
officer  to  whom  he  is  committed,  or,  if  that  officer  is  not 
present,  to  a  peace  officer,  who  must  deliver  the  defend- 
ant into  the  proper  custody,  together  with  the  commitment. 
En.  February  14,  1872. 

Cal.  Rep.  Cit.     49,  651;  116,  506;  116,  507. 

Crim.  Prac.  Act,  sec.  168.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 


§§  877,  879  EXAMINATION   OF   CASE.  320 

§  877.  Form  of  commitment.  The  commitment  must  be 
to  the  following  effect: 

County  of (as  the  case  may  be). 

The  people  of  the  state  of  California  to   the  sheriff  of  the 
county  of  : 

An  order  having  been  this  day  made  by  me,  that  A. 
B.  be  held  to  answer  upon  a  charge  of  (stating  briefly  the 
nature  of  the  offense,  and  giving  as  near  as  may  be  the 
time  when  and  the  place  where  the  same  was  committed), 
3  ou  are  commanded  to  receive  him  into  your  custody  and 
detain  him  until  he  is  legally  discharged. 

Dated  this day  of ,  eighteen  .     En.  February 

14,  1872. 

Cal.  Eep.  Cit.     49,  651;  68,  578;  68,  579;  85,  364;  116,  506; 

116,  507. 
Crim.  Prac.  Act,  sec.  169.     En.  April  20,  1850.     Eep.  1851, 
290.     En.  1851,  212. 
Cal.  Eep.  Cit.     42,  199. 

§  878.  Undertaking  of  witnesses  to  appear.  On  holding 
the  defendant  to  answer,  the  magistrate  may  take  from 
each  of  the  material  witnesses  examined  before  him  on  the 
part  of  the  people  a  written  undertaking,  to  the  effect  that 
he  will  appear  and  testify  at  the  court  to  which  the  deposi- 
tions and  statements  are  to  be  sent,  or  that  he  will  forfeit 
the  sum  of  five  hundred  dollars.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     61,  58;  84,  603;  84,  604;  131,  234. 

Crim.  Prac.  Act,  sec.  170.  En.  April  20,  1^50.  Eep.  1851, 
290.     En.   1851,  212. 

§  879.  Security  for  the  appearance  of  witnesses.  When 
the  magistrate  or  a  judge  of  the  court  in  which  the  action 
is  pending  is  satisfied,  by  proof  on  oath,  that  there  is  rea- 
son to  believe  that  any  such  witness  will  not  appear  and 
testify  unless  security  is  required,  he  may  order  the  wit- 
ness   to    enter    into    a    written    undertaking,    with    sureties, 


321  EXAMINATION   OF  CASE.  §§  880-882 

in  such  sum  as  he  may  deem  proper,  for  his  appearance 
as  specified  in  the  preceding  section.  En.  February  14, 
1872. 

Cal.  Eep.  Cit.     84,  604. 

Crim,  Prac.  Act,  sec.  171.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212.     Am'd.   1870,  787. 

Reducing  testimonj'^  to  writing:     See  ante,  sec.  869. 

Taking  deposition  of  witness:  See  Const.  1879,  art.  I, 
sec.  13;  and  post,  sec.  882,  note. 

§  880.  Infants  and  married  women  may  be  required 
to  give  security.  Infants  and  married  women,  who  are  ma- 
terial witnesses  against  the  defendant,  may  be  required  to' 
procure  sureties  for  their  appearance,  as  provided  in  the 
last  section.     En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  172.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  881.  Witnesses  to  be  committed  on  refusal  to  give  se- 
curity for  their  appearance.  If  a  witness,  required  to  enter 
into  an  undertaking  to  appear  and  testify,  either  with  or 
without  sureties,  refuses  compliance  with  the  order  for 
t'at  purpose,  the  magistrate  must  commit  him  to  prison 
until  he  complies  or  is  legally  discharged.  En.  February 
14,   1872. 

Cal.  Eep.  Cit.  61,  59. 

Crim.  Prac.  Act.  sec.  173.  En.  April  20,  1850.  Rep. 
1851,  290.     En.  1851,  212. 

§  882.  Witness  unable  to  give  security  may  be  condi- 
tionally examined.  Not  applicable  to  prosecutor  or  accom- 
plice. When,  however,  it  satisfactorily  appears  by  examina- 
tion, on  oath  of  the  witness,  or  any  other  person,  that  the 
witness  is  unable  to  procure  sureties,  he  may  be  forthwith 
conditionally  examined  on  behalf  of  the  people.  Such  ex- 
amination must  be  by  question  and  answer,  in  the  presence 
of  the  defendant,  or  after  notice  to  him,  if  on  bail,  and 
Pen.  Code— 21 


5  8S3  EXAMINATION   OF   CASE.  322 

conducted  in  the  same  manner  as  the  examination  before 
a  committing  magistrate  is  required  by  this  code  to  be  con- 
ducted, and  the  witness  thereupon  discharged;  and  such 
deposition  may  be  used  upon  the  trial  of  the  defendant,  ex- 
cept in  cases  of  homicide,  under  the  same  conditions  as  mem- 
tioned  in  section  thirteen  hundred  and  forty-five;  but  this 
section  does  not  apply  to  an  accomplice  in  the  commission  of 
the  offense  charged.  En.  February  14,  1872.  Am'd.  1877-8, 
122;  1905,  763. 

The  change  consists  in  the  insertion  of  the  words  "and  such  depo- 
sition may  be  used  upon  the  trial  of  the  defendant,  except  in  cases 
of  homicide,  under  the  same  condition  as  mentioned  in  section  1345," 
after   the    word    "discharged." — Code    Commissioner's    Note. 

Cal.  Eep.  Cit.     49,  38;   64,  86;   84,  603;  84,  604. 

Crim.  Prae.  Act,  sec.  174.  En.  AprU  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Crim.  Prac.  Act,  sec.  175.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Constitutional  provision. — The  constitution  provides  that 
"the  legislature  shall  have  power  to  provide  for  the  taking, 
in  the  presence  of  the  party  accused  and  his  counsel,  of 
depositions  of  witnesses  in  criminal  cases,  other  than  cases 
of  homicide,  when  there  is  reason  to  believe  that  the  wit- 
ness, from  inability  or  other  cause,  will  not  attend  at  the 
trial":     Art.  I,  sec.   13. 

§  883.  Magistrate  to  return  depositions,  etc.,  to  the  court. 
When  a  magistrate  has  discharged  a  defendant,  or  has  held 
him  to  answer,  he  must  return,  without  delay,  to  the  clerk 
of  the  court  at  which  the  defendant  is  required  to  appear, 
the  warrant,  if  any,  the  depositions,  and  all  undertakings 
or  bail,  or  for  the  appearance  of  witnesses  taken  by  him. 
En.  lebruary  14,  1872. 

Cal.  Eep.  Cit.  66,  664;  67,  232;  109,  449;  113,  285;  133, 
333. 

Crim.  Prac.  Act,  sec.  176.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 


323  PROCEEDINGS    BEFORE    INDICTMENT.  §§  S88-89'J 

TITLE  IV. 

OF   PEOCEEDINGS     AFTER     COMMITMENT     AND   BE- 
FORE  INDICTMENT. 

Chapter  I.     Preliminary  Provisions,  §§  888-890. 

II.     Formation  of  the  Grand  Jury,   §§   894-910. 

III.  Powers    and   Duties    of    a   Grand   Jury,    §§    915- 

929. 

IV.  Presentment   and   Proceedings    Thereon,    §§    931- 

937. 
•    .  CHAPTER  I. 

PRELIMINARY    PROVISIONS. 

§  888.     Offenses,    how   prosecuted. 

§  SS9.     What   by   accusation   or   information. 

§  890.     Indictments    and    accusations,    in    what    court    found. 

§  888.  Offenses,  how  prosecuted.  All  public  offenses  tri- 
able in  the  superior  courts  must  be  prosecuted  by  indictment 
or  information,  except  as  provided  in  the  next  section.  En. 
February  14,  1872.     Am'd.  1880,  12. 

Cal.  Rep.  Cit.  57,  561;  59,  245;  85,  88;  111,  239;  111,  240; 
145,  37. 

Crim.  Prac.  Act,  sec.  177.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212.     Am'd.  1863,  158. 

§  889.  What  by  accusation  or  information.  When  the 
proceedings  are  had  for  the  removal  of  district,  county, 
municipal,  or  township  officers,  they  may  be  commenced  by 
an  accusation  or  information,  in  writing,  as  provided  in 
sections  seven  hundred  and  ^fty-eight  and  seven  hundred 
and   seventy-two.     En.   February   14,   1872. 

Cal.  Rep.  Cit.  59,  245;  97,  382;  111,  239;  111,  240;  111, 
242;  145,  37. 

Crim.  Prac.  Act,  sec.  178.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  890.  Indictments  and  accusations,  in  what  court  found. 
All    accusations,   informations,   or   indictments    against    dis- 


§§  S94,  895  FORMATION   OF    GRAND    JURY.  324 

trict,  county,  miinicipal,  and  township  officers,  must  be 
found  or  filed  in  the  superior  court.  En.  February  14,  1872. 
Am'd.   1880,  34. 

Grim.  Prac.  Act,  sec.  179.     En.  April  20,  1850.     Eep.  1851. 
290.     En.   1851,  212.     Am'd.   1863,   158. 

§  893.     [No  such  section.] 

Grim.  Prac.  Act,  sec.  180.     En.  April  20,  1850.     Eep.  1851, 
290.     En.  1851,  212. 


GHAPTEE  n. 

FORMATION  OF  THE  GRAND  JURY. 

§  894.  Who  may  challenge  the  panel  or  an   individual  juror. 

§  895.  Cause   of   challenge   to  a   panel. 

§  896.  Cause  of  challenge  to  an  individual  grand  juror. 

§  897.  Manner   of   taking   and    trying  challenges. 

§  S9S.  Decision   upon   challenges. 

§  899.  Effect   of  allowing  a  challenge  to  a  panel. 

§  900.  Effect  of  allowing  a  challenge  to  an  Individual  juror. 

§  901.  Objections   can   only  be  taken   by  challenge. 

§  902.  Appointment   of  a   foreman. 

§  903.  Oath   of   foreman. 

§  904.  Oath  of  other  grand  jurors. 

§  905.  Charge  of  the  court. 

§  906.  Retirement   of   the   grand   jury.    Discharge   of. 

§  907.  Special  grand  jury. 

§  90S.  Order  for  special  grand  jury. 

§  909.  Order,    how   executed. 

§  910.  Special  giand  jury,   how  formed. 

§  894.  Who  may  challenge  the  panel  or  an  individual 
juror.  The  people,  or  a  person  held  to  answer  a  charge  for 
a  public  offense,  may  challenge  the  panel  of  a  grand  jury, 
or  an  individual  juror.     En.  February  14,   1872. 

Grim.  Prac.  Act,  sec.  181.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212.     Am'd.  1854,  80. 

See  as  to  formation  of  grand  jury:  Gode  Giv.  Proe.,  sees. 
241  et  seq. 

§  895.  Oause  of  challenge  to  a  panel.  A  challenge  to 
the  panel  may  be  interposed  for  one  or  more  of  the  fol- 
lowing  causes  only: 


325  FORMATION    OF    GRAND    JURY.  §  SS« 

1.  That  the  requisite  number  of  ballots  was  not  drawn 
from  the  jury-box  of  the  county. 

2.  That  notice  of  the  drawing  of  the  grand  jury  was  not 
given. 

3.  That  the  drawing  was  not  had  in  the  presence  of  the 
officers   designated   by  law.     En.   February   14,   1872. 

Cal.  Eep.  Cit.     119,  3. 

Crim.  Prac.  Act,  see.  182.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  896.     Cause  of  challenge  to  an  individual  grand  juror. 

A  challenge  to  an  individual  grand  juror  may  be  inter- 
posed for  one  or  more  of  the  following  causes  only: 

First.     That  he  is  a  minor. 

Second.     That  he  is  an  alien. 

Third.     That   he   is   insane. 

Fourth.  That  he  is  a  prosecutor  upon  a  charge  against 
the  defendant. 

Fifth.  Jhat  he  is  a  witness  on  the  part  of  the  prosecu- 
tion, and  has  been  served  with  process  or  bound  by  an 
undertaking  as  such. 

Sixth.  That  a  state  of  mind  exists  on  his  part  in  refer- 
ence to  the  ease,  or  to  either  party,  which  will  prevent  him 
from  acting  impartially  and  without  prejudice  to  the  sub- 
stantial rights  of  the  party  challenging;  but  no  person 
shall  be  disqualified  as  a  juror  by  reason  of  having  formed 
or  expressed  an  opinion  upon  the  matter  or  cause  to  be 
submitted  to  such  jury,  founded  upon  public  rumor,  state- 
ments in  public  journals,  or  common  notoriety,  provided  it 
satisfactorily  appear  to  the  court  upon  his  declaration, 
under  oath  or  otherwise,  that  he  can  and  will,  notwithstand- 
ing such  an  opinion,  act  impartially  and  fairly  upon  the  mat- 
ters to  be  submitted  to  him.  En.  February  14,  1872.  Am'd. 
1873-4,  436. 

Cal,  Rep.  Cit.  7(5,  344;  139,  429.  Subd.  2— 7G,  344.  Subd. 
6—61,  165;  76,  344;  135,  151;   135,  152;  139,  428. 


§§  897-900  FORMATION    OF    GRAND   JURY.  325 

Grim.  Prac.  Act,  sec.  183.  En.  April  20,  1850.  Rep.  1851. 
290.  En.  1851,  212.  Am'd.  1870,  786. 

Gal.  Eep.  Git.  28,  469. 

Setting  aside  indictment  or  information:  Post,  sec.  995. 

Grounds  of  challenge  to  juror:  See  post,  sees.  1072,  1073, 
1074. 

§  897,  Manner  of  taking  and  trying  challenges.  The 
challenges  mentioned  in  the  last  three  sections  may  be  oral 
or  in  writing,  and  must  be  tried  by  the  court.  En.  Febru- 
ary 14,  1872.     Am'd.  1873-4,  436. 

Grim.  Prac.  Act,  sec.  184.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Trial  of  challenge:  See  post,  sec.  1078. 

§  898.  Decision  upon  challenges.  The  court  must  allow 
or  disallow  the  challenge,  and  the  clerk  must  enter  its  de- 
cisions upon  the  minutes.     En.  February  14,  1872. 

Grim.  Prac.  Act,  sec.  185.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Similar  provision  as  to  trial  juror:  See  post,  sec.  1083. 

§  899.     Effect  of  allowing  a  challenge  to  a  panel.     If  a 

challenge  to  the  panel  is  allowed,  the  grand  jury  are  pro- 
hibited from  inquiring  into  the  charge  against  the  defend- 
ant, by  whom  the  challenge  was  interposed.  If,  notwith- 
standing, they  do  so,  and  find  an  indictment  against  him, 
the  court  must  direct  it  to  be  set  aside.  En.  February  14, 
1872. 

Grim.  Prac.  Act,  sec.  186.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Gal.  Rep.  Git.     20,  148. 

§  900.  Effect  of  allowing  a  challenge  to  an  individual 
juror.  If  a  challenge  to  an  individual  grand  juror  is  al- 
lowed, he  cannot  be  present  or  take  part  in  the  consider- 
ation of  the  charge  against  the  defendant  who  interposed 
the  challenge,  or  the  deliberations  of  the  grand  jury  there- 


327  FORMATION    OP    GRAND    JURY.  §J  jvl-yo:i 

on.  The  grand  jury  must  inform  the  court  of  a  violation 
of  this  section,  and  it  is  punishable  by  the  court  as  a  con- 
tempt.    En.  February  14,   1872. 

Cal.  Eep.   Cit.     54,  39;   88,  235. 

Grim.  Prac.  Act,  sec.  187.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Grim.  Prac.  Act,  sec.  188.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,  212. 

Cal.   Rep.   Git.     20,   148. 

§  901.  Objections  can  only  be  taken  by  challenge.  A 
person  held  to  answer  to  a  charge  for  a  public  offense  can 
take  advantage  of  any  objection  to  the  panel  or  to  an  in- 
dividual grand  juror  in  no  other  mode  than  by  challenge. 
En.  February  14,  1872. 

Grim.  Prac.  Act,  sec.  189.  En.  April  20,  1850.  Rep.  1851, 
290,     En.  1851,  212. 

Gal.  Rep.  Git.     28,  469. 

§  902.  Appointment  of  a  foreman.  From  the  persons 
summoned  to  serve  as  grand  jurors  and  appearing,  the  court 
must  appoint  a  foreman.  The  court  must  also  appoint  a 
foreman  when  the  person  already  appointed  is  excused  or 
discharged  before  the  grand  jury  is  dismissed.  En.  Feb- 
ruary 14,  1872. 

Grim.  Prac.  Act,  see.  190.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  903.  Oath  of  foreman.  The  following  oath  must  be 
administered  to  the  foreman  of  the  grand  jury  "You,  as 
foreman  of  the  grand  jury,  will  diligently  inquire  into,  and 
true  presentment  make,  of  all  public  offenses  against  the 
people  of  this  state,  committed  or  triable  within  this  county, 
of  which  you  shall  have  or  can  obtain  legal  evidence.  You 
will  keep  your  own  counsel,  and  Ihat  of  your  fellows  and  of 
the  government,  and  will  not,  except  when  required  in  the  due 
course  of  judicial  proceedings,  disclose  the  testimony  of  any 
witness   examined  before  you,  nor  any  thing  which  you   or 


§§  904-906  FORMATION    OF    GRAND    JURY.  32's 

any  other  graud  juror  may  have  said,  nor  the  manner  in 
which  you  or  any  other  grand  juror  may  have  voted  on  any 
matter  before  you.  You  will  present  no  person  through 
malice,  hatred,  or  ill-will,  nor  leave  any  unpresented  through 
fear,  favor,  or  affection,  or  for  any  reward,  or  the  promise 
or  hope  thereof;  but  in  all  your  presentments  you  will  pre- 
sent the  truth,  the  whole  truth,  and  nothing  but  the  truth, 
according  to  the  best  of  your  skill  and  understanding,  so 
help  you  God."  En.  February  14,  1872.  Am'd.  1873-4, 
437. 

Cal.   Rep.   Git.     64,  527. 

Grim.  Prac.  Act,  sec.  191.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  904.  Oath  of  other  grand  jurors.  The  following  oath 
must  be  immediately  thereupon  administered  to  the  other 
grand  jurors  present:  "The  same  oath  which  your  foreman 
has  now  taken  before  you  on  his  part,  you  and  each  of  you 
shall  well  and  truly  observe  on  your  part,  so  help  you 
God."     En.  February  14,   1872. 

Grim.  Prac.  Act,  sec.  192.  En.  April  20,  1850.  Rep.  1851, 
290,     En.  1851,  212, 

§  905.  Charge  of  the  court.  The  grand  jury  being  im- 
paneled and  sworn,  must  be  charged  by  the  court.  In  doing 
so,  the  court  must  give  them  such  information  as  it  may 
deem  proper,  or  as  is  required  by  law,  as  to  their  duties, 
and  as  to  any  charged  for  public  offenses  returned  to  the 
court  or  likely  to  come  before  the  grand  jury.  En.  Feb- 
ruary 14,  1872. 

Grim.  Prac.  Act,  sec.  193.  En.  April  20,  1850.  Rep.  1851, 
290,     En.  1851,  212. 

§  906.  Retirement  of  the  grand  jury.  Discharge  of.  The 
grand  jury  must  then  retire  to  a  private  room  and  inquire 
into  the  offenses  cognizable  by  them.  On  the  completion 
of  the  business  before  them,  they  must  be  discharged  by 
the   court;    but,    whether   the    business   is   completed   or   not. 


323  FORMATION  OF  GRAND  JURY.  §§  907-910 

they  are  discharged  by  the  final  adjournmeut  of  the  court. 
En.  February  14,  1872. 

Cal.   Eep.   Cit.     69,   547. 

Crim.  Prac.  Act,  sec.  194.  En.  April  20,  1850.  Eep.  1851, 
290.  En.  1851,  212. 

Crim.  Prac.  Act,  sec.  195,  En.  April  20,  1850.  Eep.  1851, 
290.  En.  1851,  212. 

§  907.  Special  grand  jury.  'En.  February  14,  1872.  Eep. 
1905,  693. 

907,  90S,  909,  910.  These  sections  purport  to  authorize  the  court,  if  an 
offense  is  committed  during  a  term  of  court,  but  after  the  grand  jury- 
has  been  discharged,  to  summon  another  grand  jury.  There  are  now 
no  "terms  of  court,"  and  any  necessity  which  may  arise  after  one 
grand  jury  has  been  discharged  can  be  met  by  the  drawing  of  an- 
other.— Code   Commissioner's  Note. 

•     Cal.  Eep.  Cit.     54,  40. 

Crim.  Prac.  Act,  sec.  196.     En.  April  20,  1850.     Eep.  1851, 

290.     En.  1851,  212. 

§  908.  Order  for  special  grand  jury.  En.  February  14, 
1872.     Am'd.  1889,  214.     Eep.  1905,  693. 

See  note  to   §   907,  ante. 

Crim.  Prac.  Act,  sec.  197.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212.     Am'd.  1859,  186. 

§  909.  Order,  how  executed.  En.  February  14,  1872. 
Eep.  1905,  693. 

See  note   to   §  907,  ante. 

Crim.  Prac.  Act,  sec.  198.  En.  Ajml  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 

§  910.  Special  grand  jury,  how  formed.  En.  February  14, 
1872.     Eep.  1905,  693. 

See  note  to  §  907,  ante. 

Crim.  Prac.  Act,  sec.  199.  En.  April  20,  1850.  Eep.  1851, 
290,     En.  1851,  212. 


§§  015,  916         POWERS   AND  DUTIES  OF  GRAND  JURY.  330 

CHAPTEE   III. 

POWERS    AND    DUTIES    OF    A    GRAND    JURY. 

§  915.     Powers  of  grand  jury. 

§  916.     Presentment   defined. 

§  917.     Indictment   defined. 

§  918.     Foreman   may   administer  oaths. 

§  919.     Evrdence   receivable   before   the   grand  jury. 

§  920.     Grand  jury  not  bound  to  hear  evidence   for  the   defendant. 

§  921.    Degree  of  evidence  to   warrant  indictment. 

§  922.     Grand   jurors  must  declare   their  knowledge   as  to  commission   or 

public  offense. 
§  923.     Must  inquire  Into  cases  of  persons  imprisoned,   etc. 
§  924.     Entitled   to  access  to  public   prison,   etc. 
§  925.     When   and    from    whom    they   may   ask   advice,    and    who   may    be 

present   during  their  sessions. 
§  926.     Secrets  of  grand   jury   to  be   kept,    except,    etc. 
§  927.     Grand   juror  not    to   be  questioned   for   his   conduct,    except,    etc. 
§  928.     Duties  of  grand  jury. 
§  929.     Gran-d   jury   may   order   district   attorney   to   bring   suit   to   recover 

moneys    due    the    county. 

§  915.  Powers  of  grand  juries.  The  grand  jury  must  in- 
quire into  all  public  offenses  committed  or  triable  within 
the  county,  and  present  them  to  the  court  by  indictment. 
En.  February  14,  1872.     Am'd.  1905,  694. 

The  change  consists  in  the  omission  of  the  words  "either  by  present- 
sentment  or."  after  "court."  The  change  is  made  for  the  reason 
that  grand  juries  no  longer  have  authority  to  prefer  presentments.— 
Code  Commissioner's   Note. 

Cal.  Eep.  Cit.     60,  105;  77,  627. 

Grim.  Prac.  Act,  see.  205.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Impaneling  grand  juries;  Const.  Cal.,  art.  I,  sec.  8;  Code 
Civ.  Proc.  sees.  241-243;  ante,  sees.  894  et  seq. 

§  916.     Presentment     defined.     En.     February     14,     1872. 

Eep.  1905,  693. 

This  section  relates  to  and  defines  presentments  by  grand  juries, 
and,  as  they  no  longer  have  authority  to  prefer  a  presentment,  the 
section   is   superfluous   and   misleading.— Code   Commissioner's   Note. 

Cal.  Eep.  Cit.     109,  447. 

Crim.  Prac.  Act,  sec.  207.     En.  April  20,  1850.     Eep.  1851, 

290.     En.  1851,  212. 


331  POWERS   AND   DUTIES   OF   GRAND   JURY.  §§  917-9ia 

§  917.  Indictment  defined.  An  indictment  is  an  accusa- 
tion in  writing,  presented  by  tlie  grand  jury  to  a  competent 
court,  charging  a  person  with  a  public  offense.  En.  Feb- 
ruary 14,  1872. 

Cal.  Eep.  Cit.  145,  36. 

Grim.  Prac.  Act,  sec.  206.     En.  April  20,  1850.     Eep.  1851, 
290.     En.  1851,  212. 
Cal.  Eep.  Cit.     44,  557. 

Indictment  must  contain  what:  Post,  sec.  950. 
Indictment,  sufficiency  of:  Post,  sec.  959. 

§  918.  Foreman  may  administer  oaths.  The  foreman  may- 
administer  an  oath  to  any  witness  appearing  before  the 
grand  jury.     En,  February   14,   1872. 

Crim.  Prac.  Act,  sec.  208.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  919.     Evidence   receivable  before   grand  juries.     In   the 

investigation  of  a  charge,  the  grand  jury  can  receive  no 
other  evidence  than  such  as  is  given  by  witnesses  produced 
and  sworn  before  them,  or  furnished  by  legal  documentary 
evidence,  or  the  deposition  of  a  witness  in  the  cases  men- 
tioned in  the  third  subdivision  of  section  six  hundred  and 
eighty-six.  The  grand  jury  can  receive  none  but  legal  evi- 
dence, and  the  best  evidence  in  degree,  to  the  exclusion  of 
hearsay  or  secondary  evidence.  En.  February  14,  1872. 
Am'd.  1905,  694. 

The  change  consists  in  the  omission  of  the  words  "for  the  purpose  of 
either  presentment  or  indictment,"  after  "charge."  The  change  is 
made  because  grand  juries  have  no  longer  authority  to  prefer  present- 
ments.—Code    Commissioner's    Note. 

Crim.  Prac.  Act,  sec.  209.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Cal.  Eep.  Cit.     4,  21'.». 

Crim,  Prac.  Act,  sec.  210.  En.  April  20,  1850.  Eep.  1851, 
290.     En,  1851,  212, 

Cal.  Eep.  Cit.     4,  226;  19,  542. 


§§  920-923         POWERS    AND   DUTIES   OF   GRAND    JURY.  332 

§  920.  Grand  jury  not  bound  to  hear  evidence  for  the 
defendant.  The  grand  jury  is  not  bound  to  hear  evidence 
for  the  defendant;  but  it  is  their  duty  to  weigh  all  the 
evidence  submitted  to  them,  and  when  they  have  reason 
to  believe  that  other  evidence  within  their  reach  will  ex- 
plain away  the  charge,  they  should  order  such  evidence 
to  be  produced,  and  for  that  purpose  may  require  the  dis- 
trict attorney  to  issue  process  for  the  witnesses.  En.  Feb- 
ruary 14,  1872. 

Cal.  Eep.   Cit.     64,  437;   64,  527;   76,  345;   116,  391. 

Crim.  Prac.  Act,  sec.  211.  En.  April  20,  1850.  Rep.  1851, 
290.  En.  1851,  212.  Am'd.  1872,  391. 

Cal.  Eep.  Cit.  19,  543. 

§  921.  Degree  of  evidence  to  warrant  indictment.  The 
grand  jury  ought  to  find  an  indictment  when  all  the  evi- 
dence before  them,  taken  together,  if  unexplained  or  un- 
contradicted, would,  in  their  judgment,  warrant  a  convic- 
tion by  a  trial  jury.     En.  February  14,  1872. 

Cal.  Eep.   Cit.     137,  224;    144,   638. 

Crim.  Prac.  Act,  sec.  212.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Cal.  Rep.   Cit.     19,   543. 

§  922.  Grand  jurors  must  declare  their  knowledge  as 
to  commission  of  public  offense.  If  a  member  of  a  grand 
jury  knows,  or  has  reason  to  believe,  that  a  public  of- 
fense, triable  within  the  county,  has  been  committed,  he 
must  declare  the  same  to  his  fellow  jurors,  who  must  there- 
upon investigate  the  same.     En.  February   14,   1872. 

Crim.  Prac.  Act,  sec.  213.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Cal.  Rep.  Cit.     21,  373. 

§  923.    Must  inquire  into  case  of  persons  imprisoned,  etc. 

The  grand  jury  must  inquire  into  the  case   of  every  person 
imprisoned  in  the  jail  of  the   county  on   a   criminal   charge 


333  POWERS    AND    DUTIES    OF    GRAND    JURY.         §§  9L'4,  'Ji:5 

and  not  indicted;  into  the  condition  and  management  of  the 
public  prisons  within  the  county;  and  into  the  willful  or  cor- 
rupt misconduct  in  office  of  public  officers  of  every  descrip- 
tion within  the  county.  En.  February  14,  1872.  Am'd. 
1905,  694. 

The  change   consists   in   the   substitution  of   the   word   "or,"    in   place   or 
"and,"   between   "willful"   and   "corrupt." — Code  Commissioner's  Note. 

Cal.  Rep.  Cit.     49,  651. 

Crim.  Prac.  Act,  sec.  214.     En.  April  20,  1850.     Rep.  1851, 

290.     En.  1851,  212. 

§  924.  Entitled  to  access  to  public  prison,  etc.  They 
are  also  entitled  to  free  access,  at  all  reasonable  times,  to 
the  public  prisons,  and  to  the  examination,  without  charge, 
of  all  public  records  within  the  county.  En.  February  14, 
1872. 

Crim.  Prac.  Act,  sec.  215.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  925.  When  and  from  whom  they  may  ask  advice;  who 
may  be  present  during  sessions.  The  grand  jury  may,  at  all 
times,  ask  the  advice  of  the  court,  or  the  judge  thereof,  or 
of  the  district  attorney;  but  unless  such  advice  is  asked,  the 
judge  of  the  court  must  not  be  present  during  the  sessions 
of  the  grand  jury.  The  district  attorney  of  the  county  may 
at  all  times  appear  before  the  grand  jury  for  the  purpose  of 
giving  information  or  advice  relative  to  any  matter  cogniza- 
ble by  them,  and  may  interrogate  witnesses  before  them 
whenever  he  thinks  it  necessary;  the  grand  jury,  on  the  de- 
mand of  the  district  attorney,  whenever  criminal  causes  are 
being  *nvestigated  before  them,  must  appoint  a  competent 
stenographic  reporter  to  be  sworn  and  to  report  the  testi- 
mony that  may  be  given  in  such  causes  in  shorthand,  and 
reduce  the  same,  upon  the  request  of  the  district  attorney, 
to  longhand  or  typewriting;  a  copy  of  such  testimony  must 
be  delivered  to  the  defendant  upon  his  arraignment  after  in- 
dictment. The  services  of  such  stenographic  reporter  con- 
stitute a  charge  against  the  county.     No  person  other  than 


§  926  POWERS  AND  DUTIES  OF  GRAND  JURY.  334 

those  specified  in  this  and  the  succeeding  section  is  permitted 
to  be  present  during  the  session  of  the  grand  jury,  except 
the  members  and  witnesses  actually  un'der  examination,  and 
no  person  must  be  permitted  to  be  present  during  the  expres- 
sion of  their  opinions,  or  giving  their  votes  upon  any  mat- 
ter before  them.  The  grand  jury  or  district  attorney  may 
require  by  subpoena  the  attendance  of  any  person  before  the 
grand  jury  as  interpreter,  and  such  interpreter  may,  while 
his  services  are  necessary,  be  present  at  the  examination  of 
witnesses  before  the  grand  jury.  En.  February  14,  1872. 
Am'd.  1897,  204;    1905,   694. 

The  statute  of  1871-2,  page  540,  authorizing  the  grand  jury  or  district 
attorney  to  require  the  attendance  of  an  interpreter,  is  codified  in 
the  last  sentence. — Code   Commissioner's   Note. 

Cal.  Eep.  Cit.  71,  213;  116,  390;  132,  200;  132,  201;  132, 
202;   141,  399;   744,  636;   144,  637,   144,   638. 

Crim.  Prac.  Act,  sec.  216.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212.     Am'd.  1863,  216. 

Act  relating  to  interpreter  before  grand  jury:  See  post. 
Appendix,  title  Interpreters. 

§  926.  Secrets  of  grand  jury  to  be  kept,  except,  etc. 
Every  member  of  the  grand  jury  must  keep  secret  what- 
ever he  himself  or  any  other  grand  juror  may  have  said, 
or  in  what  manner  he  or  any  other  grand  juror  may  have 
voted  on  a  matter  before  them;  but  may,  however,  be  re- 
quired by  any  court  to  disclose  the  testimony  of  a  witness 
examined  before  the  grand  jury,  for  the  purpose  of  ascer- 
taining whether  it  is  consistent  with  that  given  by  the 
witness  before  the  court,  or  to  disclose  the  testimony  given 
before  them  by  any  person,  upon  a  charge  against  such 
person  for  perjury  in  giving  his  testimony,  or  upon  trial 
therefor.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     64,  527;  64,  528;  77,  633. 

Crim.'Prac.  Act,  sec.  217.  En.  April  20,  1850.  Am'd.  1850, 
332.  Rep.  1851,  290.  En.  1851,  212. 


335  POWERS   AND   DUTIES   OF   GRAND   JURY.  §§  927-929 

Grim.  Prac.  Act,  sec.  218.     En.  April  20,  1850.     Rep.  1851, 
290.     En.  1851,  212. 
Cal.  Rep.  Git.     19,  545. 

§  927.  Grand  juror  not  to  be  questioned  for  his  con- 
duct, except,  etc.  A  grand  juror  cannot  be  questioned  for 
anything  he  may  say  or  any  vote  he  may  give  in  the 
grand  jury  relative  to  a  matter  legally  pending  before  the 
jury,  except  for  a  perjury  of  which  he  may  have  been  guilty, 
in  making  an  accusation  or  giving  testimony  to  his  fellow 
jurors.     En.  February   14,   1872. 

Gal.  Rep.  Git.     56,  67. 

Grim.  Prac.  Act,  sec.  219.  En.  April  20,  1850.  Rep.  1851^ 
290.     En.  1851,  212. 

§  928.  Duties  of  grand  jury.  It  shall  be  the  duty  of  the 
grand  jury  annually  to  make  a  careful  and  complete 
examination  of  the  books,  records,  and  accounts  of  all  the 
officers  of  the  county,  and  especially  those  pertaining  to 
the  revenue,  and  report  as  to  the  facts  they  have  found, 
with  such  recommendations  as  they  may  deem  proper  and 
fit;  and  if,  in  their  judgment,  the  services  of  an  expert  are 
necessary,  they  shall  have  power  to  employ  one,  at  an 
agreed  compensation,  not  to  exceed  five  dollars  per  day, 
payable  as  other  county  charges.  The  judge,  on  impanel- 
ment  of  such  grand  jury,  shall  charge  them  specially  as  to 
their  duties  under  this  section;  provided,  that  if  any*  grand 
jury  shall,  in  the  report  above  mentioned,  comment  upon 
any  person  or  official  who  has  not  been  indicted  by  the 
said  grand  jury,  the  said  comments  shall  not  be  deemed  to 
be  privileged.     En.  Stats.  1880,  43.     Am'd.  1897,  205. 

Gal.  Rep.  Git.     141,  399. 

§  929.  Grand  jury  may  order  district  attorney  to  bring 
suit  to  recover  moneys  due  the  county.  The  grand  jury, 
after  having  investigated  the  books  and  accounts  of  the 
various  officials  of  the   county,   as.  in   the  foregoing  section 


§§  931,  931  PRESENTMENT.  33'i 

provided,  may  order  the  district  attorney  of  the  said  county 
to  institute  suit  to  recover  any  moneys  that,  in  the  judg- 
ment of  the  said  grand  jury  may  from  any  cause  be  due  the 
county,  and  the  order  of  the  said  grand  jury,  certified  by 
the  foreman  of  the  said  grand  jury,  filed  with  the  county 
clerk  of  the  said  county,  .shall  be  full  authority  for  the 
said  district  attorney  to  institute  and  maintain  any  such 
suit.     En.  Stats.  1897,  205. 

Cal.  Eep.  Cit.     133,  348;   141,  398;   141,  399. 

CHAPTEE   IV. 

PRESENTMENT,    .A-ND    PROCEEDINGS    THEREON. 

§  931.     Presentment    must    be   by    twelve    grand    jurors,    etc.     (Repealed  ) 

§  932.     Must   be   presented   to   the   court   and   filed.     (Repealed.) 

§  933.     Court    must   direct   a   bench-warrant   if  facts   constitute   a   public 

offense.     (Repealed.) 
§  934.     Bench-warrant,    by   whom    and   how   issued.     (Repealed.) 
§  935.     Form   of   bench-warrant.     (Repealed.) 
§  936.     Bench-warrant,    how    served.     (Repealed.) 
§  937.    Proceedings    of    magistrate    on    defendant    being    brought    before 

him.     (Repealed.) 

§  931.    Presentment  must  be  by  twelve  grand  jurors,  etc. 

En.  February   14,   1872.     Eep.   1905,   695. 

931,  932,  933,  934,  9£5,  936,  937.  These  sections  compose  Chapter  IV  of 
Title  IV  of  Part  II  of  the  Penal  Code.  They  relate  solely  to  the  pro- 
ceevlings  after  finding  a  presentment,  and  since  the  adoption  of  the 
Constitution     of     1S79     have     been     inoperative. — Code     Commissioner's 

Note. 

Cal.   Eep.   Cit.     54,   103. 

Crim.  Prae.  Act,  sec.  220.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Indictment  concurrence  of  twelve  grand  jurors:  See  post, 
sec.  940. 

§  932.    Must  be   presented   to   the   court   and   filed.     En. 

February  14,  1872.     Eep.  1905,  695. 

See  note  to  §  931,  ante. 

Crim.  Prac.  Act,  sec.  221.  En.  April  20,  1850.  Am'd. 
1850,  332.     Eep.  1851,  290".     En.  1851,  212. 


337  PRESENTMENT.  §§  933-937 

§  933.  Court  must  direct  a  bench-warrant  if  facts  con- 
stitute a  public  offense.  En.  February  14,  1872.  Rep.  1905, 
695. 

See  note  to  §  931,  ante. 

Grim.  Prac.  Act,  sec.  224.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  934.    Bench-warrant,    by    whom    and    how    issued.     En. 

February  14,   1872.     Rep.   1905,   695. 

See  note  to  §  931,  ante. 

Grim.  Prac.  Act,  sec.  225.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Gal.  Rep.  Git.     37,  280. 

§  935.  Form  of  bench-warrant.  En.  February  14,  1872. 
Ana'd.   1880,  34.     Rep.   1905,  695. 

See  note  to  §  931,  ante. 

Grim.  Prac.  Act,  sec.  226.  En.  April  20,  1850.  Rep.  1851, 
290.     En.    1851,   212.     Am'd.    1863,    159. 

§  936.  Bench-warrant,  how  served.  En.  February  14, 
1872.     Rep.   1905,  695. 

Sec  note  to  §  931,  ante. 

Gal.  Rep.  Git.     54,   103. 

Grim.  Prac.  Act,  sec.  227.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  937.  Proceedings  of  magistrate  on  defendant  being 
brought  before  him.  En.  February  14,  1872.  Rep.  1905, 
695. 

See  note  to  §  931,  ante. 

Grim.  Prac.  Act,  sec.  228.     En.  April  20,  1850.     Rep.  1851, 
290.     En.  1851,  212. 
Pen.  Cade— 22 


§§  940-942  FINDING  AND    PRESENTMENT.  338 

TITLE    V. 

OF    THE    INDICTMENT, 

Chapter  I.     Finding  and  Presentment  of  the  Indictment,  §§ 
940-945. 
11.     Eules  of  Pleading  and  Form  of  the  Indictment, 
§§  948-972. 

CHAPTEE    I. 

FINDING   AND   PRESENTMENT   OF  THE    INDICTMENT. 

§  940.  Indictment  must  be  found  by  twelve  jurors,    indorsed,    etc. 

§  941.  If   not   found,    depositions,    etc.,    must   be   returned    to   court,    etc. 

§  942.  Effect   of    dismissal. 

§  943.  Names   of    witnesses   inserted    at   foot   of   in-dictmenL 

§  944.  Indictment,   how   presented   and  filed. 

§  945.  Proceedings  when  defendant  is  not  in  custody. 

§  940.  Indictment  must  be  found  by  twelve  jurors,  in- 
dorsed, etc.  An  indictment  cannot  be  found  without  the 
concurrence  of  at  least  twelve  grand  jurors.  When  so 
found  it  must  be  indorsed,  "A  true  bill,"  and  the  indorse- 
ment must  be  signed  by  the  foreman  of  the  grand  jury. 
En.  February   14,   1872. 

Cal.  Eep.  Cit.     54,  38. 

Crim.  Prac.  Act,  see.  229.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 

Cal.  Eep.  Cit.     21,  372. 

§  941.  If  not  found,  depositions,  etc.,  must  be  returned 
to  court,  etc.  If  twelve  grand  jurors  do  not  concur  in 
finding  an  indictment  against  a  defendant  who  had  been 
held  to  answer,  the  depositions  and  statement,  if  any,  trans- 
mitted to  them  must  be  returned  to  the  court,  with  an  in- 
dorsement thereon,  signed  by  the  foreman,  to  the  effect 
that   the  charge  is  dismissed.     En.  February   14,   1872. 

Cal.   Eep.   Cit.     54,  38;   54,   413. 

Crim.  Prac.  Act,  sec.  230.  En.  April  20,  1850.  Eep.  1851, 
290.  En.  1851,  212. 

Cal.  Eep.  Cit.  21,  373. 

§  942.  Effect  of  dismissal.  The  dismissal  of  the  charge 
does  not  prevent  its  resubmission  to  a  grand  jury  as  often 


339  FINDING  AND  PRESENTMENT.  §§  943-945 

as  the  court  may  direct.  But  without  such  direction  it  can- 
not be  resubmitted.     En.  February  14,  1872, 

Cal.  Eep.  Cit.     54,  413;   54,  414;   65,  218. 
Crim.  Prac.  Act,  sec.  231.     En.  April  20,  1850.     Eep.  1851, 
290.     En.  1851,  212. 

§  943.  Names  of  witnesses  inserted  at  foot  of  indict- 
ment. When  an  indictment  is  found,  the  names  of  the  wit- 
nesses examined  before  the  grand  jury,  or  whose  'depositions 
may  have  been  read  before  them,  must  be  inserted  at  the 
foot  of  the  indictment,  or  indorsed  thereon,  before  it  is 
presented  to  the  court.     En.  February  14,  1872. 

Cal.  Eep.-Cit.     54,  103;  56,  38;  71,  213;  104,  377;  130,  75. 
Crim.  Prac.  Act,  sec.  232.     En.  April  20,  1850.     Eep.  1851, 
290,     En.  1851,  212. 

Cal.  Eep.  Cit.     26,  114. 

§  944.  Indictment,  how  presented  and  filed.  An  indict- 
ment, when  found  by  the  grand  jury,  must  be  presented 
by  their  foreman,  in  their  presence,  to  the  court,  and  must 
be  filed  with  the  clerk.     En.  February  14,  1872. 

Cal.   Eep.   Cit.     54,   38;    145,   37. 

Crim.  Prac.  Act,  see.  233.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  945.    Proceedings   when    defendant   is   not   in   custody. 

When  an  indictment  is  found  against  a  defendant  not  in 
custody,  the  same  proceedings  must  be  had  as  are  pre- 
scribed in  sections  nine  hundred  and  seventy-nine  to  nine 
hundred  and  eighty-four,  inclusive,  against  a  defendant 
who  fails  to  appear  for  arraignment.  En.  February  14, 
1872. 

Cal,  Eep.   Cit.     55,  298. 

Crim.  Prac.  Act,  sec.  234.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Cal.  Eep.  Cit.     35,  109. 


12 


§§  94S,  949  RULES    OF   PLEADING. 


CHAPTEE  II. 

RULES    OF    PLEADING    AND    FORM    OF    THE    INDICTMK.NT. 

§  94S.     Form  of  and  rules  of  pleading. 

§  949.     First  pleading  by  the  people  is  indictment,   or  information. 

§  950.     Indictment,   or  information,    what  to  contain. 

§  951.     Foim   of. 

§  9.52.     It   must    be   direct    and   certain. 

§  953.     When   defendant    is   indicted   by   fictitious  name,    etc. 

§  9.54.  May  charge  different  offenses  under  separate  counts  relating  to 
same   act;   election. 

§  955.     Statement  as  to  time  when   offense  was  committed. 

§  956.     Statement  as  to  person  injured  or  intended  to  be  injured. 

§  957.     Construction   of   words   used. 

§  958.     Words  used   in  a  statute  heed  not  be  strictly  pursued. 

§  959.     Indictment  or  infoimation,   when  sufficient. 

I  9tiO.  Not  insufficient  for  defect  of  form  not  tending  to»  prejudice  de- 
fendant. , 

§  961.     Presumptions  of  law,   etc.,   need  not   be   stated. 

§  962.     Judgments,    etc.,    how   pleaded. 

§  963.     Private   statutes,    how    pleaded. 

§  964.     Pleading   for   libel. 

§  965.  Pleading  for  forgery,  where  instrument  has  been  destroyed  or 
withheld  by  defendant. 

§  966.     Pleading  for  perjury  or  subornation  of  perjury. 

§  967.     Pleading   for   larceny  or  embezzlement. 

§  968.     Pleading    for    selling,    exhibiting,    etc.,    lewd    and    obscene    books. 

§  969.     Previous  conviction  of  another  offense.  , 

§  970.     Indictment    against    sfveral,    one    or    more    may    be    acquitted. 

§  971.  Distinction  between  accessory  before  the  fact  and  principal  ab- 
rogated. 

§  972.  Accessory  may  be  indicted  and  tried,  though  principal  has  not 
been. 

§  948.  Form  of  and  rules  of  pleading.  All  the  forms  of 
pleading  in  criminal  actions,  and  the  rules  by  which  the 
sufficiency  of  pleadings  is  to  be  determined,  are  those  pre- 
scribed by  this  code.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     90,  571. 

Crim.  Prac.  Act,  sec.  235.  En.  April-  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Cal.  Eep.  Cit.     27,  511;  32,  38;  34,  208. 

§  949.  First  pleading  by  the  people  is  indictment,  or 
information.  The  first  pleading  on  the  part  of  the  people 
is  the  indictment  or  information.  En.  February  14,  1872. 
Am'd.  1880,  12. 

Cal.  Eep.  Cit.     57,  561;   85,  88. 

Crim.  Prac.  Act,  sec.  236.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Indictment,  sufficiency  of:  See  post,  sec.  959. 


341  RULES   OF   PLEADING.  §§  950,  951 

§  950.     Indictment,  or  information,  what  to  contain.     The 

iiulictment  or  information  must  contain: 

1.  The  title  of  the  action,  specifying  the  name  of  the 
court  to  which  tlie  same  is  presented,  and  the  names  of 
the  parties; 

2.  A  statement  of  the  acts  constituting  the  offense,  in 
ordinary  and  concise  language,  and  in  such  manner  as  to 
enable  a  person  of  common  understanding  to  know  what 
is  intended.     En.  February  14,  1872.     Am'd.  1880,   12. 

Cal.  Eep.  Cit.  49,  390;  53,  616;  58,  107;  58,  225;  58,  227 
59,  398;  64,  154;  64,  261;  64,  342;  66,  229;  66,  673 
66,  675;  67,  104;  70,  99;  70,  117;  70,  524;  70,  526 
73,  359;  77,  149;  78,  87;  81,  159;  82,  608;  84,  471 
85,  645;  86, '239;  91,  466;  92,  651;  94,  597;  100,  439 
102,  241;  102,  242;  103,  676;  106,  407;  110,  371;  112 
19;  127,  100;  130,  15;  131,  249;  137,  264;  138,  146 
141,  582;  141,  584;  143,  67;  145,  36;  145,  104;  145,  109 
Subd.  2—85,  646;  86,  239;  116,  391;  118,  76;  119 
457;  139,  120;  139,  213;  145,  107;  145,  503. 

Crim.  Prac.  Act,  sec.  237.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,  212. 

Cal.   Eep.    Cit.     6,   209;    9,   55;    20,    119;    31,   417;    39,    332; 

40,  142. 
Indictment   defined:    Ante,   sec.  917. 

§  951.  Form  of.  It  may  be  substantially  in  the  follow- 
ing   form:    The    people    of    the    state    of    California,    against 

A.  B.,  in  the  superior  court  of  the  county  of  ,  the  

day  of  ,  A.  D.  eighteen  .     A.  B.  is  accused  by  the 

'grand   jury   of  the   county   of  ,   by  this   indictment,    [or 

by  the  district  attorney  by  this  information]  of  the  crime 
of  [giving  its  legal  appellation,  such  as  murder,  arson,  or 
the  like,  or  designating  it  as  felony  or  misdemeanor],  com- 
mitted   as    follows:    The    said    A.    B.,    on    the    day    of 

— — ,  A.  D.  eighteen  ,  at  the  county  of  ,   [here  set 

forth  the  act  or  omission  charged  as  an  offense],  contrary 
to  the  form,  force,  and  effect  of  the  statute  in  such  case 
made  and  provided,  and  against  the  peace  and  dignity  of 
the  people  of  the  state  of  California.  En.  February  14,  1872. 
Am'd.  1880,  12. 

Cal.  Rep.  Cit.  49,  390;  58,  107;  58,  225;  58,  227;  68,  154; 
64,  261;  64,  342;  65,  566;  66,  229;  67,  104;  70,  99; 
70,  117;  70,  524;  70,  526;  77,  149;   78,  85;  81,  159;   82, 


§§  952-954  RULES   OF  PLEADING.  3« 

608;  84,  471;  85,  645;  91,  466;  94,  597;  100,  439;  102, 
241;  105,  509;  106,  407;  112,  19;  118,  76;  119,  457; 
127,  100;  130,  14;  137,  644;  138,  146;  141,  584;  143, 
67;  145,  36;  145,  104;  145,  109. 
Grim.  Prac.  Act,  sec.  238.  En.  April  20,  1850.  Eep, 
1851,    290.     En.    1851,    212.     Am'd.    1863,    159. 

Cal.  Eep.  Cit.     20,  119;  31,  417;  37,  280;  39,  331;  43,  555. 
Sufficiency  of  indictment:   See  post,  sec.  959. 

§  952.  It  must  be  direct  and  certain.  It  must  be  direct 
and  certain,  as  it  regards — 

1.  Tlie  party  charged. 

2.  The  offense   charged. 

3.  The  particular  circumstances  of  the  offense  charged, 
when  they  are  necessary  to  constitute  a  complete  offense. 
En.  February  14,  1872. 

Cal.  Eep.  Cit.     49,  390;  49,  395;  53,  616;  58,  107;  58,  225; 

64,    154;    64,  261;   64,   342;    66,   229;    70,   117;    70,  524; 

70,  526;   70,  99;   78,  85;   81,  159;   82,  608;   84,  471;   85, 

645;    91,   466;    94,  597;    100,   439;    102,    241;    106,   407; 

110,  371;    112,   19;    118,   76;    119,   168;    119,   457;    126, 

367;    127,   100;   130,   15;   131,   249;    138,   146;    141,  582; 

141,  584;   143,  67;   145,  36;   145,   104;   145,  109.     Subd. 

3—81,   160;    145,   107. 
Crim.  Prac.  Act,  sec.  239.     En.  April  20,  1850.     Eep.  1851, 
290.     En.   1851,   212. 

Cal.  Eep.  Cit.     9,  55;   12,  326;   20,  80;   34,  209;  43,  555. 

§  953.  When  defendant  is  indicted  by  fictitious  name, 
etc.  When  a  defendant  is  charged  by  a  fictitious  or  erro- 
neous name,  and  in  any  stage  of  the  proceedings  his  true 
name  is  discovered,  it  must  be  inserted  in  the  subsequent 
proceeding,  referring  to  the  fact  of  his  being  charged  by 
the  name  mentioned  in  the  indictment  or  information.  En. 
February    14,    1872.     Am'd.    1880,    13. 

Cah  Eep.  Cit.     65,  615;  78,  85;  106,  640;  109,  280. 
Crim.  Prac.  Act,  sec.  240.     En.  April  20,  1850.     Eep.  1851, 
290.     En.  1851,  212. 

§  954.  May  charge  different  offenses  under  separate 
counts   relating  to   same   act;    election.     The    indictment   or 


343  RULES  OF  PLEADING.  §§  955,  a56 

information  may  charge  different  offenses,  or  different  state- 
ments of  the  same  offense,  under  separate  counts,  but  they 
must  all  relate  to  the  same  act,  transaction,  or  event,  and 
charges  of  offenses  occurring  at  different  and  distinct  times 
and  places  must  not  be  joined.  The  prosecution  is  not  re- 
quired to  elect  between  the  different  offenses  or  counts  set 
forth  in  the  indictment  or  information,  but  the  defendant 
can  be  conyicted  of  but  one  of  the  offenses  charged,  and  the 
same  must  be  stated  in  the  verdict.  En.  February  14,  1872. 
Am'd.  1873-4,  437;  1880,  13;   1905,  772. 

The  amendment  is  designed  to  authorize  an  offense  to  be  set  forth 
under  different  counts,  and  to  excuse  tlie  prosecution  from  electing 
between  them.  Justice  Shaw  of  the  Supreme  Court  strongly  urges 
the     change. — Code     Commissioner's     Note. 

Cal.  Eep,  Cit.     48,  190;  49,  453;  58,  103;  65,  146;  66,  675; 

94,  597;  111,  254;  113,  179;  130,  4;  146,  303. 
Grim.  Prac.  Act,  sec.  241.     En.  April  20,  1850.     Rep.  1851, 
290.     En.  1851,  212. 

Cal.  Rep.  Cit.     27,  401;  28,  216. 

§  955.  Statement  as  to  time  when  oflfense  was  commit- 
ted. The  precise  time  at  which  the  offense  was  committed 
need  not  be  stated  in  the  indictment  or  information,  but 
it  may  be  alleged  to  have  been  committed  at  any  time  before 
the  finding  or  filing  thereof,  except  where  the  time  is  a 
material  ingredient  in  the  offense.  En.  February  14,  1872. 
Am'd.  1880,  13. 

Cal.   Rep.   Cit.     68,  437;    73,   221;    104,  612;    137,   644;    137, 

645. 
Crim.  Prac.  Act,  sec.  242.     En.  April  20,  1850.     Rep.  1851, 
290.     En.   1851,  212. 
See  post,  sec.  959. 

§  956.  Statement  as  to  person  injured  or  intended  to  be 
injured.  When  an  offense  involves  the  commission  of,  or 
an  attempt  to  commit,  a  private  injury,  and  is  described 
with  sufficient  certainty  in  other  respects  to  identify  the 
act,  an  erroneous  allegation  as  to  the  person  injured,  or 
intended  to  be  injured,  is  not  material.  En.  February  14, 
1872. 

Cal.  Rep.  Cit.  59,  361;  67,  56;  69,  237;  70,  532;  71,  21; 
72,  403;  74,  191;  79,  180;  80,  207;  89,  496;  96,  175; 
112,  335;  120,  662;  142,  107;  142,  108;  142,  109;  142, 
110;  143,  353. 


§§  957-959  RULES    OF    PLEADING.  344 

Crira.  Prac.  Act,  sec.  243.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,  212. 

Cal.  Rep.  Cit.     17,  336;  28,  216;  29,  262;  35,  113;  37,  280; 
41,  236. 

§  957.  Construction  of  words  used.  The  words  used  in 
an  indictment  or  information  are  construed  in  their  usual 
acceptance  in  common  language,  except  such  •  words  and 
phrases  as  are  defined  by  law,  which  are  construed  accord- 
ing to  their  legal  meaning.  En.  February  14,  1872.  Am'd. 
1880,  13. 

Cal.  Rep.  Cit.     90,  571;   120,  663;    145,  503. 
Crim.  Prac.  Act,  sec.  244.     En.  April  20,  1850.     Rep.  1851, 
290.     En.  1851,  212. 

Words  and  phrases  defined  by  law:     See  ante,  sec.  7. 

§  958.  Words  used  in  a  statute  need  not  be  strictly  pur- 
sued. Words  used  in  a  statute  to  define  a  public  offense  need 
not  be  strictly  pursued  in  the  indictment  or  information, 
but  other  words  conveying  the  same  meaning  may  be  used. 
En.  February   14,   1872.     Am'd.   1880,  13. 

Cal.  Rep.  Cit.  58,  227;  63,  28;  90,  571;  93,  631;  106,  407; 

134,  303. 
Crim.  Prae.  Act,  sec.  '245.  En.  April  20,  1850.  Rep.  1851, 
290.  En.  1851,  212. 

Cal.  Rep.  Cit.  35   114. 

§   959.     Indictment   or   information,  when   suflacient.     The 

indictment   or  information    is   sufficient,   if   it   can  be   under- 
stood therefrom: 

1.  That  it  is  entitled  in  a  court  having  authority  to  re- 
ceive it,  though  the  name  of  the  court  be  not  stated. 

2.  If  an  indictment,  that  it  was  found  by  a  grand  jury 
of  the  county  in  which  the  court  was  held,  or  if  an  infor- 
mation, that  it  was  subscribed  and  presented  to  the  court 
by  the  district  attorney  of  the  county  in  which  the  court 
was  held. 

3.  That  the  defendant  is  named,  or,  if  his  name  cannot 
be  discovered,  that  he  is  described  by  a  fictitious  name, 
with  a  statement  that  his  true  name  is  to  the  jury  or  dis- 
trict attorney,  as  the  case  may  be,  unknown. 


345  RULES   OF  PLEADING.  §  960 

4.  That  the  offense  was  committed  at  some  place  within 
the  jurisdiction  of  the  court,  except  wliere  the  act,  thougli 
done  without  the  local  jurisdiction  of  the  county,  is  tri- 
able therein. 

5.  That  the  offense  was  committed  at  some  time  prior  to 
the  time  of  finding  the  indictment  or  filing  of  the  informa- 
tion. 

6.  That  the  act  or  omission  charged  as  the  offense  is 
clearly  and  distinctly  set  forth  in  ordinary  and  concise 
language,  without  repetition,  and  in  such  a  manner  as  to 
enable  a  person  of  common  understanding  to  know  what 
is  intended. 

7.  That    the    act    or    omission    charged    as    the    offense    is 
stated    with   such   a    degree    of   certainty    as    to    enable    the 
court   to    pronounce   judgment   upon    a   conviction,   according, 
to    the   right   of   the   case.     En.   February    14,    1872.     Am'd. 
1880,  13. 

Cal.  Eep.  Cit.  49,  391;  57,  565;  58,  228;  73,  359;  75,  630; 
77,  149;  77,  447;  78,  90;  80,  288;  93,  583;  96,  175; 
103,  676;  106,  407;  118,  26;  136,  392;  137,  264.  Subd. 
3—127,  378.  Subd.  5—99,  329;  137,  644.  Subd.  6— 
80,  230;  89,  496;  90,  572;  93,  445;  125,  370;  145,  503. 
Grim.  Prac.  Act,  sec.  246.  En.  April  20,  1850.  Eep.  1851. 
290.     En.   1851,   212. 

Cal.  Rep.  Cit.     6,  203;   6,  488;  9,  55;   21,  403;   27,  511;  31, 

418;  35,  673;  37,  280;  39,  332. 
Form  of  indictment  or  information:   See  ante,  sec.  951. 
Indictment  for  particular  crime:  See  Particular  Crime. 
Finding  of  indictment:    Ante,  sec.  940. 

Statement  of  acts  constituting  the  offense:  See  ante,  "sec. 
950. 

Number  of •  counts  in  indictment:  See  ante,  sec.  954. 

§  960.  Not  insufficient  for  defect  of  form  not  tending  to 
prejudice  defendant.  No  indictment  or  information  is  in- 
siiHii'ient,  nor  can  tlie  trial,  judgment,  or  other  proceeding 
thereon  be  affected  by  reason  of  any  defect  or  imperfection 
in  matter  of  form  which  docs  not  tend  to  the  prejudice  of 
a  substantial  right  of  the  defendant  upon  its  merits.  En. 
February  14,  1872.     Am'd.  1880,  14. 

Cal.  Rep.  Cit.     56,  444;   58,  228;   61,  390;  64,  54;  64,  426; 
65,  446;   75,  99;   77,  149;   78,  90;   80,  288;  81,  279;   88, 


§§  961-964  RULES  OP   PLEADING.  346 

139;  90,  572;  93,  583;  102,  242;  103,  677;  106,  408; 
120,  663;  125,  370;  127,  378;  133,  73;  137,  264;  138, 
535;  139,  116;  143,  353;  145,  504. 

Crim.  Prac.  Act,  sec.  247.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Cal.  Kep.  Cit.     9,   55;    28,   210;   28,   329;   31,  418;   39,  331. 

§  961.     Presumptions    of    law,    etc.,    need    not   he   stated. 

Neither  presumptions  of  law,  nor  matters  of  which  judicial 
notice  is  taken,  need  be  stated  in  an  indictment  or  informa- 
tion.    En.  February  14,  1872.     Am'd.  1880,  14. 

Crim.  Prac.  Act,  sec.  248.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,   212. 

§  962.  Judgments,  etc.,  how  pleaded.  In  pleading  a  judg- 
ment or  other  determination  of,  or  proceeding  before,  a 
court  or  officer  of  special  jurisdiction,  it  is  not  necessary 
to  state  the  facts  constituting  jurisdiction;  but  the  judg- 
ment or  determination  may  be  stated  as  given  or  made,  or 
the  proceedings  had.  The  facts  constituting  jurisdiction, 
however,  must  be  established  on  the  trial.  En.  February  14, 
1872. 

Cal.  Eep.  Cit.     136,  393. 

Crim.  Prac.  Act,  sec.  249.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 

§  963.  Private  statutes,  how  pleaded.  In  pleading  a 
private  statute,  or  a  right  derived  therefrom,  it  is  sufficient 
to  refer  to  the  statute  by  its  title  and  the  day  of  its  passage, 
and  the  court  must  thereupon  take  judicial  notice  thereof. 
En.  'February  14,  1872. 

Cal.  Eep.  Cit.     115,  447;   126,  229. 

Crim.  Prac.  Act,  sec.  250.  En,  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  964.  Pleading  for  libel.  An  indictment  or  information 
for  libel  need  not  set  forth  any  extrinsic  facts  for  the 
purpose  of  showing  the  application  to  the  party  libeled 
of  the  defamatory  matter  on  which  the  indictment  or 
information  is  founded;  but  it  is  sufficient  to  state  gen- 
erally  that    the    same    was   published    concerning    him,    and 


347  RULES  OF  PLEADING.  §§  965-967 

the  fact  that  it  was  so  published  must  be  established  on 
the  trial.     En,  February  14,  1872.     Am  'd.  1880,  14. 

Cal.  Eep.  Cit.  139,  120. 

Grim.  Prac.  Act,  sec.  251.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  965.  Pleading  for  forgery,  where  the  instrument  has 
been  destroyed  or  withheld  by  defendant.  When  an  in- 
strument which  is  the  subject  of  an  indictment  or  informa- 
tion for  forgery  has  been  destroyed  or  withheld  by  the 
act  or  the  procurement  of  the  defendant,  and  the  fact  of 
such  destruction  or  withholding  is  alleged  in  the  indict- 
ment or  information,  and  established  on  the  trial,  the 
misdescription  of  the  instrument  is  immaterial.  En.  Feb- 
ruary 14,  1872.     Am'd.  1880,  14. 

Grim.  Prac.  Act,  sec.  252.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  966.     Pleading  for  perjury  or  subornation   of   perjury. 

In  an  indictment  or  information  for  perjury,  or  subornation 
of  perjury,  it  is  suflB.cient  to  set  forth  the  substance  of  the 
controversy  or  matter  in  respect  to  which  the  offense  was 
committed,  and  in  what  court  and  before  whom  the  oath 
alleged  to  be  false  was  taken,  and  that  the  court,  or  the 
person  before  whom  it  was  taken,  had  authority  to  ad- 
minister it,  with  proper  allegations  of  the  falsity  of  the 
matter  on  which  the  perjury  is  assigned;  but  the  indict- 
ment or  information  need  not  set  forth  the  pleadings, 
record,  or  proceedings  with  which  the  oath  is  connected, 
nor  the  commission  or  authority  of  the  court  or  person 
before  whom  the  perjury  was  committed.  En.  February 
14,  1872.     Am'd.  1880,  14. 

Gal.  Eep.  Cit.     64,  341;  77,  14;  113,  75;  124,  464;  131,  249; 

137,  264. 
Grim.  Prac.  Act,  sec.  253.     En.  April  20,  1850.     Eep.  1851, 
290.     En.  1851,  212. 

See  ante,  sees.  118,  127. 

§  967.     Pleading    for    larceny    or    embezzlement.     In    an 

indictment  or  information  for  the  larceny  or  embezzlement 
of  money,  bank-notes,  certificates  of  stock,  or  valuable 
securities,  or  for  a  conspiracy  to  cheat  or  defraud  a  per- 
son of  any  such  property,  it  is  sufficient  to  allege  the 
larceny   or   embezzlement,   or   the    conspiracy   to   cheat   and 


§§  968-970  RULES   OF  PLEADING.  34S 

defraud,  to  be  of  money,  bank-notes,  certificates  of  stock, 
or  valuable  securities,  without  specifying  the  coin,  number, 
denomination,  or  kind  thereof.  En.  February  14,  1872. 
Am'd.  1873-4,  438;  1880,  15. 

Cal.  Eep.  Cit.     89,  226;  100,  439;   106,  323;  108,  541. 
See  ante,  sees.  954,  958. 

§  968.  Pleading  for  selling,  exhibiting,  etc.,  lewd  and 
obscene  books.  An  indictment  or  information  for  exhibit- 
ing, publishing,  passing,  selling,  or  offering  to  sell,  or  hav- 
ing in  possession,  with  such  intent,  any  lewd  or  obscene 
book,  pamphlet,  picture,  print,  card,  paper,  or  writing,  need 
not  set  forth  any  portion  of  the  language  used  or  figures 
shown  upon  such  book,  pamphlet,  picture,  print,  card,  paper, 
or  writing;  but  it  is  sufficient  to  state  generally  the  fact 
of  the  lewdness  or  obseenitv  thereof.  En.  February  14, 
1872.     Am'd.  1880,  15. 

§  969.  Previous  conviction  of  another  offense.  In  char^ 
ing  in  an  indictment  or  information  the  fact  of  a  previous 
conviction  of  a  felony,  or  of  an  attempt  to  commit  an  offense 
which,  if  perpetrated,  would  have  been  a  felony,  or  of  petit 
larceny  it  is  sufficient  to  state,  "That  the  defendant,  before 
the  commission  of  the  offense  charged  in  this  indictment  or 
information,  was  in  (giving  the  title  of  the  court  in  which 
the  conviction  was  had)  convicted  of  a  felony  (or  attempt, 
etc.,  or  petit  larceny)."  If  more  than  one  previous  con- 
viction is  charged,  the  date  of  the  judgment  upon  each  con- 
viction must  be  stated,  but  not  more  than  two  previous  con- 
victions must  be  charged  in  anv  one  indictment  or  informa- 
tion. En.  February  14,  1872.  Am'd.  1873-4,  438.  Eep.  1880, 
15.     En.  1905,  772. 

This  is  the  section  as  it  existed  prior  to  its  repeal  in  ISSO.  It  is  be- 
lieved that  no  good  reason  for  such  repeal  existed.— Code  Commis- 
missioner's   Note. 

Cal.  Eep.  Cit.  57,  560;  57,  561;  64,  154;  64,  339;  64,  340; 
64,  403;  65,  298;  73,  447;  73,  451;  88,  118;  138,  535; 
142,  13. 

§  970.  Indictment  against  several,  one  or  more  may  be 
acquitted.  Upon  an  indictment  or  information  against 
several  defendants,  any  one  or  more  may  be  convicted  or 
acquitted,     n.  February  14,  1872.     Am'd.  1880,  15. 

Crim.  Prac.  Act,  see.  254.  En.  Ajml  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 


349  RULES    OF    PLEADING.  §§   971,   HTs 

§  971.  Distinction  between  accessory  before  the  fact  and 
principal  abrogated.  The  distinction  between  an  ac- 
cessory before  the  fact  and  a  principal,  and  between  prin- 
cipals in  the  first  and  second  degree,  in  cases  of  felony, 
is  abrogated;  and  all  persons  concerned  in  the  eommission 
of  a  felon}',  whether  they  directly  commit  the  act  con- 
stituting the  offense,  or  aid  and  abet  in  its  commission, 
though  not  present,  shall  hereafter  be  prosecuted,  tried, 
and  punished  as  principals,  and  no  other  facts  need  be 
alleged  in  any  indictment  or  information  against  such  an 
accessory  than  are  required  in  an  indictment  or  informa- 
tion against  his  principal.  En.  February  14,  1872.  Am'd. 
1873-4,  438;   1880,   15. 

Cal.  Rep.  Cit.     66,  393;  78,  87;  78,  89;  122,  492;   123,  412; 
144,  79;  144,  80. 

Crim.  Prac.  Act,  sec.  25.5.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Cal.  Rep.  Cit.     6,  24;   27,  341;   40,   141. 

§  972.  Accessory  may  be  indicted  and  tried,  though  prin- 
cipal has  not  been.  An  accessory  to  the  commission  of 
a  felony  may  be  prosecuted,  tried,  and  punished,  though 
the  principal  may  be  neither  prosecuted  nor  tried,  and 
though  the  principal  mav  have  been  acquitted.  En.  Feb- 
ruary 14,  1872.     Am'd.  1873-4,  439;   1880,  15. 

Crim.  Prac.  Act,  sec.  256.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,  212. 


ARRAIGNMENT  OF  DEFENDANT. 


TITLE  VI. 

OF  PLEADINGS  AND  PROCEEDINGS  AFTER  INDICT- 
MENT AND  BEFORE  THE  COMMENCEMENT  OF 
THE  TRIAL. 

Chapter  I.     Of  the  Arraignment  of  the   Defendant,   §§   976- 
990. 
II.     Setting    Aside    the    Indictment,    §§    995-999. 
IIL     Demurrer,  §§  1002-1012. 
IV.     Plea,  §§   1016-1025. 

V.  Transmission   of   Certain   Indictments   from   the 

County  Court  to  the  District  Court  of  Muni- 
cipal Criminal  Court  of  San  Francisco,  §§ 
1028-1030. 

VI.  Removal   of   the   Action    before   Trial,    §§    1033- 

1038. 
VIL     The  Mode  of  Trial,  §§  1041-1043. 
Vin.     Formation  of  the  Trial   Jury  and   the   Calendar 
of  Issues  for  Trial,  §§  1046-1049. 
IX.     Postponement  of  the   Trial,  §   1052. 

CHAPTER   L 

OF   THE    ARRAIGNMENT    OF    THE   DEFENDANT. 

§  976.     Defendant    must    be    arraigned    in    the    court    wliere    the    indict 
ment    is    filed    or    transferred. 

§  977.     Defendant,    when    to    be    present   at   arraignment. 

§  S78.     If  in   custody,    to   be   brought    before  court. 

§  979.     If  discharged  on  bail,   bench-warrant  to  issue. 

§  980.     Bench-warrant,    by   whom   and   how   issued. 

§  981.     Form   of  bench-warrant. 

§  982.     Directions    in    the    bench-warrant. 

§  983.     Bench-warrant,   how  served. 

§  984.     Proceeding  on   giving   bail   in   another   county. 

§  985.    Ordering  defendant   into  custody   or   increasing   bail   when   Indict- 
ment is  for  felony. 

§  S86.    Defendant,    if    present    when    order    made,    to    be    committed;    it 
not,    bench-warrant   to   issue. 

§  987.     Right   to   counsel    on   arraignment. 

§  988.     Arraignment,    how    made. 

§  989.     Proceedings   on   arraignment,    when   defendant   is  not   Indicted   by 
his   true   name. 

§  990.     Time   allowet,    and   how   defendant   may   answer   on    arraignment. 

§  976.     Defendant  must  be  arraigned  in  the  court  where 
the   indictment   is   filed    or   transferred.     When    the    indict- 


351  ARRAIGNMENT    OF   DEFENDANT.  §§  977,  980 

ment  or  information  is  filed,  the  defendant  must  be  ar- 
raigned thereon  before  the  court  in  which  it  is  filed,  unless 
the  cause  is  transferred  to  some  other  county  for  trial. 
En.   February   14,    1872.     Am'd.   1880,   15. 

Cal.  Eep.  Cit.     60,  105;  60,  106;  78,  564;   142,  109. 
Crim.  Prac.  Act,  sec.  258.     En.  April  20,  1850.     Eep.  1851, 
290.     En.    1851,   212. 

§  977.     Defendant,   when   to   be   present   at   arraignment. 

If  the  indictment  or  information  be  for  a  felony,  the  de- 
fendant must  be  personally  present;  but  if  for  a  misde- 
meanor, he  may  appear  upon  the  arraignment  by  counsel. 
En.  February  14,  1872.     Am'd.   1880,   16. 

Cal.   Eep.   Cit.     55,   298;   57,  350. 

Crim.  Prac.  Act,  sec.  259.     En.  April  20,  1850.     Eep.  1851,' 
290.     En.   1851,   212. 

Cal.  Eep.   Cit.     42,  168. 

See  Const.  Cal.,  art.  I,  sec.  13. 

§  978.  If  in  custody,  to  be  brought  before  court.  When 
his  personal  appearance  is  necessary,  if  he  is  in  custody, 
the  court  may  direct  and  the  officer  in  whose  custody  he 
is  must  bring  him  before  it  to  be  arraigned.  En.  February 
14,  1872. 

Cal.  Eep.  Cit,     57,  350. 

Crim.  Prac.  Act,  sec.  260.  En.  April  20,  1850.  Eep.  1851, 
290.     En.    1851,   212. 

§  979.     If  discharged  on  bail,  bench-warrant  to  issue.     If 

the  defendant  has  been  discharged  on  bail,  or  has  depos- 
ited money  instead  thereof,  and  do  not  appear  to  be  ar- 
raigned when  his  personal  attendance  is  necessary,  the  court, 
in  addition  to  the  forfeiture  of  the  undertaking  of  bail 
or  of  the  money  deposited,  may  direct  the  clerk  to  issue  a 
bench-warrant  for  his  arrest.     En.  February  14,   1872, 

Cal.  Eep.  Cit      55,  298;   56,  84;  57,  350. 
Crim.  Prac.  Act,  sec.  261.     En.  April  20,  1850.     Eep.  1851, 
290,     En.  1851,  212, 

Cal.  Eep.   Cit.     35,   109. 

§  980.     Bench-warrant,    by   whom    and    how    issued.     The 

clerk,   on   the   application  of   the   district   attorney,  may,   at 


§§  9S1,  982  ARRAIGNMENT    OF    DEFENDANT.  352 

any  time  after  the  order,  whether  the  court  is  sitting  or 
not,  issue  a  benoli-warrant  to  one  or  more  counties.  En. 
February  14,  1872. 

Cal.  Eep.  Cit.     55,  298. 

Crim.  Prac.  Act,  sec.  262.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Cal.  Eep.  Cit.     35,  109. 

§  981.  Form  of  bench-warrant.  The  bench-warrant  upon 
the  indictment  or  information  must,  if  the  offense  is  a 
felony,   be    substantially   in   the   following   form:    County   of 

.     The    people    of     the    state    of     California    to    any 

sheriff,  constable,  marshal,  or  policeman  in  this  state: 
An    indictment    having    been    found    [or    information    filed] 

on  the  day  of  ,  A.  D.  eighteen  ,  in  the 

superior    court    of    the    county    of    ,    charging    C.    D. 

with    the    crime    of   [designating    it    generally];    you 

are,  therefore,  commanded  forthwith  to  arrest  the  above 
named  C.  D.,  and  bring  him  before  that  court,  [or  if  the 
indictment  and  information  has  been  sent  to  another  court, 
then  before  that  court,  naming  it]  to  answer  said  indict- 
ment [or  information],  or  if  the  court  be  not  in  session, 
that  you  deliver  him  into  the  custody  of  the  sheriff  of  the 
county  of  . 

.  Given  under  my  hand,  with  the  seal  of  said  court  affixed, 
this  day  of  ,  A.  D.  . 

Bv  order  of  said  court. 

[Seal.]  E.   P.,   Clerk. 

En.   February   14,   1872.     Am'd.   1880,   16. 

Cal.  Eep.  Cit.     54,  103;   55,  298. 

Crim.  Prac.  Act,  sec.  263.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,   212.     Am'd.   1863,   159-. 

§  982.  Directions  in  the  bench-warrant.  The  defendant, 
when  arrested  under  a  warrant  for  an  offense  not  bail- 
able, must  be  held  in.  custody'  by  the  sheriff  of  the  county  in 
which  the  indictment  is  found  or  information  &\e^,  unless 
admitted  to  bail  after  an  examination  upon  a  writ  of  habeas 
corpus;  but  if  the  offense  is  bailable,  there  must  be  added 
to  the  body  of  the  bench-warrant  a  direction  to  the  follow- 
ing effect:  "Or,  if  he  requires  it,  that  you  take  him  before 
any  magistrate  in  that  county,  or  in  the  county  in  which 
you  arrest  him,  that  lie  may  give  bail  to  answer  to  the  in- 


353  ARRAIGNMENT    OF    DEFENDANT.  §§  9S3-3S5 

dictment,  or  [information]";  and  the  court,  upon  directing 
it  to  issue,  must  fix  the  amount  of  bail,  and  an  indorsement 
must  be  made  thereon  and  signed  by  the  clerk,  to  the 
following  effect:   "The   defendant  is  to  be  admitted  to  bail 

in  the  sum  of dollars."     En.  February  14,  1872.     Am'd. 

1880,  16. 

Cal.   Rep.   Cit.     54,  103;  55,  298. 

Crim.  Prac.  Act,  sec.  264.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Crim.  Prac.  Act,  sec.  265.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Crim.  Prac.  Act,  sec.  266.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212, 

§  983.  Bench-warrant,  how  served.  The  bench-warrant 
may  be  served  in  any  county,  in  the  same  manner  as  a 
warrant  of  arrest,  except  that  when  served  in  another  county 
it  need  not  be  indorsed  by  the  magistrate  of  that  county. 
En.  February  14,  1872. 

Cal.   Rep.  Cit.     55,  298. 

Crim.  Prac.  Act,  sec.  2G7.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  984.     Proceeding  on  giving  bail  in  another    county.     If 

the  defendant  is  brought  before  a  magistrate  of  another 
county  for  the  purpose  of  giving  bail,  the  magistrate  must 
proceed  in  respect  thereto  in  the  same  manner  as  if  the 
defendant  had  been  brought  before  him  upon  a  warrant 
of  arrest,  and  the  same  proceedings  must  be  had  thereon. 
En.  February   14,   1872. 

Cal.  Rep.  Cit.     55,  298. 

Crim.  Prac.  Act,  sec.  268.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

See  Arrest,  ante,  sees.  841-851. 

§  985.  Ordering  defendant  into  custody  or  increasing 
bail  when  indictment  is  for  felony.  When  the  information 
or  indictment  is  for  a  felony,  and  the  defendant,  before  »the 
filing  thereof,  has  given  bail  for  his  appearance  to  answer 
the  charge,  the  court  to  which  the  indictment  or  informa- 
tion is  presented,  or  in  which  it  is  pending,  may  order  the 
defendant  to  be  committed  to  actual  custody,  unless  he 
Pen.  Code— 23 


§§  986-988  ARRAIGNMENT  OF  DEFENDANT.  354 

gives  bail  in  an  increased  amount,  to  be  specified  in  the 
order.     En.  February  14,  1872.     Am'd.  1873-4,  439;  1880,  16. 

Grim.  Prac.  Act,  sec.  269.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 

Cal.   Eep.   Cit.     35,   109. 

§  986.  Defendant,  if  present  when  order  made,  to  be 
committed;  if  not,  bench-warrant  to  issue.  If  the  defend- 
ant is  present  when  the  order  is  made,  he  must  be  forth- 
with committed.  If  he  is  not  present,  a  bench-warrant 
must  be  issued  and  proceeded  upon  in  the  manner  provided 
in   this  chapter.     En.   February   14,   1872. 

Grim.  Prac.  Act,  sec.  270.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,  212. 

§  987..  Eight  to  counsel  on  arraignment.  If  the  defend- 
ant appears  for  arraignment  without  counsel,  he  must  be 
informed  by  the  court  that  it  is  his  right  to  have  counsel 
before  being  arraigned,  and  must  be  asked  if  he  desires 
the  aid  of  counsel.  If  he  desires  and  is  unable  to  employ 
counsel,  the  court  must  assign  counsel  to  defend  him.  En. 
February  14,  1872. 

Cal.   Rep.   Cit.     55,   298;    66,   229;    102,   231;    137,   645. 

Grim.  Prac.  Act,  sec.  271.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,  212. 

Right  to  have  counsel:  Article  VI  of  the  amendments  to 
the  constitution  of  the  United  States;  art.  I,  sec.  13,  state 
constitution. 

§  988.  Arraignment,  how  made.  The  arraignment  must 
be  made  by  the  court,  or  by  the  clerk  or  district  attorney 
under  its  directiou,  and  consists  in  reading  the  indictment 
or  information  to  the  defendant  and  delivering  to  him  a 
copy  thereof,  and  of  the  indorsements  thereon,  including 
the  list  of  witnesses,  and  asking  him  whether  he  pleads 
guilty  or  not  guilty  to  the  indictment  or  information.  En, 
February  14,  1872.     Am'd.  1880,  16. 


355  ARRAIGNMENT   OF  DEFENDANT.  §§  989,  990 

Cal.  Rep.  Cit.     65,  296;  65,  297;  66,  229;  71,  387;  73,  445; 

73,  446;  76,  347;  88,  117;  104,  377;  137,  645;   145,  610; 

145,  611. 
Crim.  Prac.  Act,  sec.  272.     En.  April  20,  1850.     Reix  1851, 
290.     En.  1851,  212. 

Cal.  Eep.  Cit.     28,  330. 

See  ante,  sees.  858,  859,  976,  and  post,  sec.  990. 

§  989.  Proceedings  on  arraignment,  when  defendant  is 
not  indicted  by  his  true  name.  When  the  defendant  is 
arraigned,  he  must  be  informed  that  if  the  name  by  which 
he  is  prosecuted  is  not  his  true  name,  he  must  then  declare 
his  true  name,  or  be  proceeded  against  by  the  name  in  the 
indictment  or  information.  If  he  gives  no  other  name,  • 
the  court  may  proceed  accordingly;  but  if  he  alleges  that 
another  name  is  his  true  name,  the  court  must  direct  an 
entry  thereof  in  the  minutes  of  the  arraignment,  and  the 
subsequent  proceedings  on  the  information  or  indictment 
may  be  had  against  him  by  that  name,  referring  also  to  the 
name  by  which  he  was  first  charged  therein.  En.  February 
14,  1872.     Am'd.  1880,  17. 

Cal.  Eep.  Cit.     66,  229;  109,  280. 

Crim.  Prac.  Act,  sec.  273.  En.  April  20,  1850.  Rep.  1851, 
290.     En,  1851,  212. 

Cal.  Rep.  Cit.     6,  212. 

Crim.  Prac.  Act,  sec.  274.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Crim.  Prac.  Act,  sec.  275.     En.  April  20,  1850.     Eep.  1851, 
290.     En.   1851,   212. 
See  ante,  sec.  988. 

§  990.  Time  allowed,  and  how  defendant  may  answer  on 
arraignment.  If,  on  the  arraignment,  the  defendant  re- 
quires it,  he  must  be  allowed  a  reasonable  time,  not  less 
than  one  day,  to  answer  the  indictment  or  information.  He 
may,  in  answer  to  the  arraignment,  move  to  set  aside,  de- 
mur, or  plead  to  the  indictment  or  information.  En.  Feb- 
ruary 14,  1872.     Am'd.  1880,  17. 

Cal.   Eep.   Cit.     90,   200. 


§  993  SETTING    ASIDE    INDICTMENT.  355 

Crim.  Prac.  Act,  sec.  276.  En.  April  20,  1850.  Rep.  1851, 
290.     En    1851,  212. 

Crini.  Prac.  Act,  sec.  277.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,   212. 

Cal.  Rep.  Cit.     21,  372;  26,  111;  28,  272;  34,  308. 
CHAPTER   II. 

SETTING     ASIDE     THE     I.NDICTMENT. 

§  99n.     Indictment,    when    set   aside   on    motion. 

§  996.     Defendant   waives   objections,    unless   he   makes   the   motion. 

§  997.     Motion,    when    heard.     If    denied    or    granted,     what    proceedings 

are  to  be   had. 
§  998.     Effect    of   order    for    submi.ssion. 
§  999.     Order  no   bar   to   another   prosecution. 

§  995.  Indictment,  when  set  aside  on  motion.  The  in- 
dictment or  information  must  be  set  aside  by  the  court  in 
which  the  defendant  is  arraigned,  upon  his  motion,  in  either 
of  the  following  cases.     If  it  be  an  indictment: 

1.  Where  it  is  not  found,  indorsed,  and  presented  as  pre- 
scribed in  this  code. 

2.  When  the  names  of  the  witnesses  examined  before  the 
grand  .jury,  or  whose  depositions  may  have  been  read  before 
them,  are  not  inserted  at  the  foot  of  the  indictment,  or  in- 
dorsed  thereon. 

3.  When  a  person  is  permitted  to  be  present  during  the 
session  of  the  grand  jury,  and  when  the  charge  embraced 
in  the  indictment  is  under  consideration,  except  as  pro- 
vided in  section   nin-e   hundred   and   twenty-five. 

4.  When  the  defendant  had  not  been  held  to  answer  be- 
fore the  finding  of  the  indictment,  on  any  ground  which 
would  have  been  good  ground  for  challenge,  either  to  the 
panel  or  to  any  individual  grand  juror. 

If  it  be  on  information: 

1.  Thaht  before  the  filing  thereof  the  defendant  had  not 
been  legally  committed  by  a  magistrate. 

2.  That  it  was  not  subscribed  by  the  district  attorney  of 
the  county.     En.  February  14,  1872.     Am 'd.   1880,  43. 


357  SETTING    ASIDE    INDICTMENT.  §g  »««,   mi 

Ccal.  Eep.  Cit.  49,  650;  49,  651;  54,  38;  54,  399;  56,  38; 
59,  365;  64,  261;  64,  382;  64,  528;  65,  218;  65,  614; 
65,  615;  68,  503;  69,  547;  69,  602;  71,  212;  71,  213; 
76,  345;  82,  621;  83,  558;  88,  85;  88,  235;  90,  200;  91, 
642;  115,  60;  117,  560;  122,  39;  130,  74;  139,  429;  145, 
37.  Subd.  1—76,  344;  143,  218.  Subd.  2—76,  344. 
Subd.  3—54,  39;  132.  200.  Subd.  4—119,  2;  119,  325; 
135,   151. 

Crim.  Prac.  Act,  see.  278.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,   212. 

Cal.  Rep.  Cit.  4,  219;  4,  225;  21,  372;  26,  114;  28,  272; 
46,   147;  46,   154. 

Crim.  Prac.  Act,  sec.  279.  En.  April  20,  1850.  Rep.  1S51, 
290.     En.    1851,   212. 

Cal.  Rep.  Cit.     34,  308. 

§  996.  Defendant  waives  objections,  'jiilass  he  makes 
the  motion.  If  the  motion  to  set  aside  the  indictment  or 
information  is  not  made,  the  defendant  is  precluded  from 
afterward  taking  the  objections  mentioned  in  the  last  sec- 
tion.    En.   February   14,    1872.     Am 'd.    18S0,    17. 

Cah  Rep.  Cit.     48,  550;  82,  621;  90,  200. 

Crim.  Prac.  Act,  sec.  280.  En.  April  20,  1850.  Rep.  1851, 
290.     En.    1851,   212. 

Cal.  Rep.  Cit.     21,  372;  28,  272;  34,  308;  48,  550. 

§  997.  Motion,  when  heard.  If  denied  or  granted,  what 
proceedings  are  to  be  had.  The  motion  must  be  beard  at 
the  time  it  is  made,  unless  for  cause  the  court  postpones 
the  hearing  to  another  time.  If  the  motion  is  denied,  the 
defendant  must  ininitdiatrly  answer  the  indictment  or  in- 
formation, either  by  demurring  or  pleading  thereto.  If  the 
motion  is  granted,  the  court  must  order  that  the  defend- 
ant, if  in  custody,  be  discharged  therefrom;  or,  if  admitted 
to  bail,  that  his  bail  be  exonerated;  or,  if  he  has  deposited 
money   instead    of  bail,   that   the   same   be   refunded   to   him. 


§§  998,  999  SETTING   ASIDE   INDICTMENT.  35S 

unless  it  directs  that  the  case  be  resubmitted  to  the  same 
or  another  grand  jury,  or  that  an  information  be  filed  by 
the  district  attorney;  provided,  that  after  such  order  of  re- 
submission the  defendant  may  be  examined  before  a  magis- 
trate, and  discharged  or  committed  by  him.  as  in  other  casps, 
if  before  indictment  or  information  filed  he  has  not  been 
examined  and  committed  by  a  magistrate.  En.  February 
14,  1872.     Am'd.  1880,  17. 

Cal.  Eep.  Cit.     88,  85;  101,  515;  127,  64;  130,  74. 

Crim.  Prac.  Act,  sec.  281  En.  April  20,  1850.  Eep.  1851, 
290.     En.    1851,   212. 

Crim.  Prac.  Act,  sec.  282.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,   212. 

Crim.  Prac.  Act,  sec.  283.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,  212. 

Resubmission  of  charge:  See  ante,  sec.  942. 

Jeopardy:   See  ante,  sec.  687. 

§  998.  Effect  of  order  for  submission.  If  the  court  di- 
rects the  case  to  be  resubmitted,  or  an  information  to  be 
filed,  the  defendant,  if  already  in  custody,  must  so  remain, 
unless  he  is  admitted  to  bail;  or,  if  already  admitted  to  bail, 
or  money  has  been  deposited  instead  thereof,  the  bail  or 
money  is  answerable  for  the  appearance  of  the  defendant 
to  answer  a  new  indictment  or  information;  and,  unless  a 
new  indictment  is  found,  or  information  filed  before  the 
next  grand  jury  of  the  county  is  discharged,  the  court  must, 
on  the  discharge  of  such  grand  jury,  make  the  order  pre- 
scribed by  the  preceding  section.  En.  February  14,  1872. 
Am'd.  1880,  17. 

Crim.  Prac.  Act.  sec.  284.  En.  April  20,  1850.  Rep.  1851, 
.290.     En.   1851,   212. 

Crim  Prac.  Act,  sec.  285.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  999.     Order  no  bar   to   another  prosecution.     An   order 

to    set   aside   an   indictment    or   information,    as   provided   in 


359  DEMURRER.  .  §§   1002-1004 

this  chapter,  is  no  bar  to  a  future  prosecution  for  the  same 
offense.     En.  February  14,  1872.     Am'd.   1880,   18. 

Cal.  Rep.Cit.  123,  455;  127,  64;   130,  75. 

Grim.  Prac.  Act,  sec.  286.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Jeopardy:   See  ante,  sec.  687. 

CHAPTER  III. 

DEMURRER. 

§  1002.  Pleading  on   part   of  defendant. 

§  100,3.  Demurrer   or   plea,   when   put   in. 

§  1004.  Grounds    for   demurrer. 

§  100.5.  Demurrer,    how  put   in,   and   its   form. 

§  1006.  When    heard. 

§  1007.  Judgment  on   demurrer. 

§  lOOS.  If  allowed,   bar  to  another  prosecution,   when. 

§  1009.  If    resubmission    not    ordered,    defendant    discharged,    etc. 

§  lOlO.  Proceedings,    if    submission    ordered. 

§  1011.  Proceedings,    if   demurrer   is   disallowed. 

§  1012.  Objection,    forming   ground    of   demurrer,    when   taken. 

§  1002.  Pleading  on  part  of  defendant.  The  only  plead- 
ing on  the  part  of  the  defendant  is  either  a  demurrer  or 
a  plea.     En.   February   14,   1872. 

Crim.  Prac.  Act,  see.  287.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  1003.  Demurrer  or  plea,  when  put  in.  Both  the  de- 
murrer and  plea  must  be  put  in,  in  open  court,  either  at 
the  time  of  the  arraignment  or  at  such  other  time  as  may 
be  allowed  to  the  defendant  for  that  purpose.  En.  Feb- 
ruary 14,  1872. 

Crim.  Prac.  Act,  sec.  288.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Time   to   plead:   Ante,  sec.   990. 

§  1004.  Grounds  for  Demurrer,  The  defendant  may  de- 
mur to  the  indictment  or  information,  when  it  appears  upon 
the  face   thereof  either: 

1.  If  an  indictment,  that  the  grand  jury  by  which  it  was 
found   had   no    legal    authority    to    inquire    into    the    offense 


§  1005  DEMURRER.  360 

charged,  by  reason  of  its  not  being  within  the  legal  jurisdic- 
tion of  the  county;  or,  if  an  information,  that  the  court  has 
no  jurisdiction  of  the  offense  charged  therein; 

2.  That  it  does  not  substantially  conform  to  the  require- 
ments of  sections  nine  hundred  and  fifty,  nine  hundred  and 
fifty-one,  and  nine   hundred   and  fifty-two; 

3.  That  more  than  one  offense  is  charged,  except  as  pro- 
vided in  section  nine  hundred  and  fifty-four; 

4.  That  the  facts  stated  do  not  constitute  a  public  offense; 

5.  That  it  contains  matter  which,  if  true,  would  constitute 

a  legal  justification  or  excuse  of  the  offense  charged,  or  other 

legal  bar  to  the  prosecution.     En.  February  14,  1872.     Am'd. 

1880,  18;  1905,  772. 

The  change  consists  in  the  insertion  of  the  words  "except  as  providea 
in  section  954,"'  after  "warden."  The  object  of  the  amendment  is 
to  make  this  section  conform  to  the  proposed  change  in  section  954. 
— Code   Commissioner's   Note. 

Cal.  Rep.  Cit.  47,  108;  47,  113;  48,  252;  48,  559;  49,  390; 
56,  535;  58,  225;  64,  158;  64,  261;  68,  504;  71,  389; 
71,  392;  77,  34;  82,  620;  82,  621;  85,  89;  103,  428;  103, 
677;  119,  168;  120,  661;  131,  250;  138,  535.  Subd.  1— 
133,  624.  Subd.  2—107,  480.  Subd.  3—106,  640.  Subd. 
4—133,'  624. 

Crim.  Prac.  Act,  sec.  289.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Cal.   Rep.   Cit.     17,   361;    27,  402;   29,  262;   43,   83. 

Subd.  2.  Specific  requirements,  etc.;  See  ante,  sees.  950, 
931,  952,  954,  959. 

Waiver  of  objection  by  not  demurring:  See  post,  sec.  1012. 

§  1005.  Demurrer,  how  put  in,  and  its  form.  The  de- 
murrer must  be  in  writing,  signed  either  by  the  defendant 
or  his  counsel,  and  filed.  It  must  distinctly'  specify  the 
grounds  of  objection  to  the  indictment  or  information,  or 
it  must  be  disregarded.  En.  February  14,  1872.  Am'd. 
1880,   18. 

Cal.  Rep.  Cit.   138,  535. 


361  DEMURRER.  §§   1006-lOOS 

Crim.  Prac.  Act,  sec.  290.  En.  April  20,  18.50.  Eep.  1851, 
290.     En.  1851,  212. 

§  1006.  When  heard.  Upon  the  demurrer  being' filed,  the 
argument  upon  the  objections  presented  thereby  must  be 
neard,  either  immediately  or  at  such  time  as  the  court  may 
appoint.     En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  291.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1007.  Judgment  on  demurrer.  Upon  considering  the 
demurrer,  the  court  must  give  judgment,  either  allowing 
or  disallowing  it,  and  an  order  to  that  effect  must  be  en- 
tered upon  the  minutes.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     65,  566;  65,  645;   121,  494. 

Crim.  Prac.  Act,  sec.  292.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 

§  1008.     If  allowed,  bar  to  another     prosecution,     when. 

If  the  demurrer  is  allowed,  the  judgment  is  final  upon 
the  indictment  or  information  demurred  to,  and  is  a  bar  to 
another  prosecution  for  the  same  offense,  unless  the  court, 
being  of  the  opinion  that  the  objection  on  which  the  demurrer 
is  allowed  may  be  avoided  in  a  new  indictment  or  informa- 
tion, directs  the  case  to  be  submitted  to  the  same  or  another 
grand  jury,  or  directs  a  new  information  to  be  filed;  pro- 
vided, that  after  such  order  or  resubmission,  the  defendant 
may  be  examined  before  a  magistrate,  and  discharged  or  com- 
mitted by  him,  as  in  other  cases.  En.  February  14,  1872. 
Am'd.  1880,  18;   190.5,  773. 

The  purpose  of  the  amendment  is  to  authorize,  where  a  demurrer  to 
an  indictment  is  sustained,  the  resubmission  of  the  charge  to  the 
grand  jury  which  found  the  original  indictment,  if  it  has  not  been 
discharged.  This  amendment  changes  the  rule  announced  in  Terrlll 
V.  Superior  Court,  60  Pac.  Rep.  516.  To  accomplish  this,  the  words 
"the  same  or"  have  been  inserted  before  the  word  "another." — Code 
CommiBsioner's   Note. 

Cal.  Eep.  Cit.  63,  219;  77,  34;  107,  478;  116,  513;  116,  514; 

117,  560;  118,  27;  132,  39;  143,  217. 


§§   1009-1011  DEMURRER.  562 

Crim.  Prac.  Act,  sec.  293.  En.  April  20,  1850.  Eep.  1851, 
290.  En.  1851,  212. 

Cal.  Eep.  Cit.  28,  274;  28,  275;  28,  276;  39,  609. 

§  1009.  If  resubmission  not  ordered,  defendant  dis- 
charged, etc.  If  the  court  does  not  permit  the  information 
to  be  amended,  nor  direct  that  an  information  be  filed,  or 
that  the  case  be  resubmitted,  as  provided  in  the  preceding 
section,  the  defendant,  if  in  custody,  must  be  discharged,  or 
if  admitted  to  bail,  his  bail  is  exonerated,  or  if  he 
has  deposited  money  instead  of  bail,  the  money  must  be  re- 
funded to  him.     En.  February  14,  1872.     Am'd.  1880,  18. 

Cal.  Rep.  Cit.  116,  514. 

Crim  Prac.  Act,  sec.  294.  En.  April  20,  1850.  Rep.  1851, 
290.  En;  1851,  212. 

Cal.  Eep.  Cit.  39,  609. 

§  1010.  Proceedings,  if  submission  ordered.  If  the  court 
directs  that  the  case  be  resubmitted,  the  same  proceedings 
must  be  had  thereon  as  are  prescribed  in  sections  nine 
hundred  and  ninety-seven  and  nine  hundred  and  nine-eight. 
En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  295.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Cal.  Rep.  Cit.     39,  609. 

§  1011.  Proceedings,  if  demurrer  is  disallowed.  If  the 
demurrer  is  disallowed,  the  court  must  permit  the  defend- 
ant, at  his  election,  to  plead,  which  he  must  do  forthwith, 
or  at  such  time  as  the  court  may  direct.  If  he  does  not 
plead,  judgment  may  be  pronounced  against  him.  En.  Feb- 
ruary 14,  1872. 

Cal.  Rep.  Cit.  68,  181;   102,  232. 

Crim.  Prac.  Act,  sec.  296.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Cal.  Rep.  Cit.     28,  268;  28,  269;  28,  273;  28,  274;  28,  275; 

28,  276. 
See  ante,  sec.  689. 


363  PLEA.  §§  1012,  1016 

§  1012.  Objection,  forming  ground  of  demurrer,  when 
taken.  When  the  objections  mentioned  in  section  one 
thousand  and  four  appear  on  the  face  of  the  indictment 
or  information,  they  can  only  be  taken  by  demurrer,  ex- 
cept that  the  objection  to  the  jurisdiction  of  the  court 
over  the  subject  of  the  indictment  or  information,  or  that 
the  facts  stated  do  not  constitute  a  public  offense,  may  be 
taken  at  the  trial,  under  the  plea  of  not  guilty,  or  after  the 
trial,  in  arrest  of  judgment.  En.  February  14,  1872.  Am'd. 
1880,  19. 

Cal.  Eep.  Cit.  47,  108;  58,  225;  64,  158;  66,  230;  68,  504; 
71,  389;  90,  199;  100,  439;  i03,  428;  103.  566;  103,  677; 
119,  168;  127,  549;  131,  250;  133,  624;  138,  535;  145, 
503. 

Grim.  Prac.  Act,  sec.  297.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Cal.  Rep.  Cit.  7,  136;  17,  361;  27,  402;  27,  403;  28,  469. 
CHAPTER  IV. 

PLEA. 

§  1016.  The   different   kinds   of   pleas. 

§  1017.  Plea,   how  put  in,   and   it.s   form. 

§  1018.  Plea    of    guilty,    how    put    in,    and    when    withdrawn. 

§  1019.  What  plea  of  not  guilty  puts  in  issue. 

§  lOJO.  What  may  be  given  in   evidence   under  plea  of  not  guilty. 

§  1021.  What    is   not   a   former   acquittal. 

§  1022.  What    is   a   former   acquittal. 

§  1023.  Conviction  or  acquittal   for  a  higher  offense,    effect  of. 

§  1024.  Defendant    refusing    to   answer,    plea   of   not    guilty. 

§  1025.  Previou.s   con\-iction. 

§  1016.  The  different  kinds  of  pleas.  There  are  four 
kinds  of  pleas  to  an  indictment  or  information.     A  plea  of — 

1.  Guilty. 

2.  Not  guilty. 

3.  A  former  judgment  of  conviction  or  acquittal  of  the 
offense  charged,  which  may  be  pleaded  either  with  or  with- 
out the  plea  of  not  guilty. 

4.  Once  in  jeopardy.  En.  February  14,  1872.  Am'd.  1880, 
44. 


§§  1017,  1018  PLEA.  364 

Cal.  Eep.  Cit.  48,  329;  49,  396;  60,  86. 

Crim.  Prac.  Act,  sec.  298.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1017.  Plea,  how  put  in,  and  its  form.  Every  plea  must 
be  oral,  and  entered  upon  the  minutes  of  the  court  in  sub- 
stantially the  following  form: 

1.  If  the  defendant  plead  guilty:  "The  defendant  pleads 
that  he  is  guilty  of  the  offense  charged." 

2.  If  he  plead  not  guilty:  "The  defendant  pleads  that 
he  is  not  guilty  of  the  offense  charged. ' ' 

3.  If  he  plead  a  former  conviction  or  acquittal:  "The 
defendant  pleads  that  he  has  already  been  convicted  [or 
acquitted]    of    the   offense    charged   by   the   judgment   of   tlio 

court    of   [naming   it],    rendered    at   [naming 

the  place],  on  the  day  of  . " 

4.  If  he  pleads  once  in  jeopardy:  "The  defendant  pleads 
that  he  has  been  once  in  jeopardy  for  the  offense  charged 
[specifying  the  time,  place,  and  court]."  En.  February  14, 
1872.     Am'd.   1880,  44. 

Cal.  Eep.  Cit.  47,  124;  49,  395;  52,  480;  55,  298;  64,  403; 
73,  445;  77,  33;  101,  282;  146,  315.     Subd.  4—143,  129. 

Crim.  Prac.  Act,  see.  299.  En.  April  20,  1850.  Eep.  1851, 
290.  En.  1851,  212. 

Cal.  Eep.  Cit.  4,  242. 

Crim.  Prac.  Act,  sec.  300.  En.  April  20,  1850.  Eep.  1851, 
290.  En.  1851,  212. 

Cal.  Eep.  Cit.  32,  433. 

Pleas  generally:   Ante,  sec.  1016. 

Plea  of  guilty. — This  plea  can  only  be  put  in  by  the  de- 
fendant himself  in  open  court,  unless  upon  indictment 
against  a  corporation,  in  which  case  it  may  be  put  in  by 
counsel:  Post,  sec.  1018. 

Insanity:   Ante,  sec.  26  subd.  3. 

Evidence  under  plea  of  not  guilty:   Post,  sec.  1020. 

§  1018.  Plea  of  guilty,  how  put  in,  and  when  withdrawn. 
A  plea  of  guilty  can  be  put  in  b}^  the  defendant  himself 
only   in   open    court,   unless  upon   indictment   of   information 


365  PLEA.  §§  1019-102] 

against  a  corporation,  in  which  case  it  may  be  put  in  by 
counsel.  The  court  may  at  any  time  before  judgment, 
upon  a  plea  of  guilty,  permit  it  to  be  withdrawn  and  a  plea 
of  not  guilty  substituted.  En.  February  14,  1872.  Am'd. 
1880,  19. 

Cal.  Eep.  Cit.  82,  618;  82,  619;  114,  16. 

Crim.  Prac.  Act,  sec.  301.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Cal.  Rep.  Cit.  4,  242. 

Crim.  Prac.  Act,  sec.  302.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,  212. 

§  1019.  What  plea  of  not  guilty  puts  in  issue.  The  plea 
of  not  guilty  puts  in  issue  every  material  allegation  of  the 
indictment  or  information.  En.  February  14,  1872.  Am'd. 
1880,  19. 

Cal.   Rep.   Cit.   60,   86;    88,   117. 

Crim.  Prac.  Act,  sec.  303.  En.  April  20,  1850.  Rep.  1851, 
290.  En.  1851,  212. 

Cal.  Eep.  Cit.  43,  152. 

§  1020.  What  may  be  given  in  evidence  under  plea  of 
not  guilty.  All  matters  of  fact  tending  to  establish  a  de- 
fense, other  than  one  specified  in  the  third  and  fourth  sub- 
division of  section  one  thousand  and  sixteen,  may  be  given 
in  evidence  under  the  plea  of  not  guilty.  En.  February  14, 
1872.     Am'd.  1880,  44;   1905,  773. 

Cal.  Rep.  Cit.  48,  329;  60,  86;  114,  59;  146,  31.1;  146,  314; 
146,  315. 

Crim.  Prac.  Act,  sec.  304.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,  212. 

§  1021.  What  is  not  a  former  acquittal.  If  the  defendant 
was  formerly  acquitted  uii  tlie  ground  of  variance  between 
the  indictment  or  information  and  the  proof,  or  the  indict- 
ment or  information  was  dismissed  upon  an  objection  to  its 
form  or  substance,  or  in  order  to  hold  the  defendant  for  a 


§§  1022-1024  PLEA.  3fi6 

higher  offense,  without  a  judgment  of  acquittal,  it  is  not  an 
acquittal  of  the  same  offense.  En.  February  14,  1872.  Am'd. 
1880,   19. 

Cal.  Eep.  Cit.  70,  65;  79,  179;  79,  181;  132,  500;  133,  129. 

Grim.  Prac.  Act,  sec.  305.  En.  April  20,  1850.  Eep.  1851, 
290.  En.  1851,  212. 

Cal.  Eep.  Cit.  41,  236. 

§  1022.  What  is  a  former  acquittal.  Whenever  the  de- 
fendant is  acquitted  on  the  merits,  he  is  acquitted  of  the 
same  offense,  notwithstanding  any  defect  in  form  or  sub- 
stance in  the  indictment  or  information  on  which  the  trial 
was  had.     En.  February  14,  1872.     Am'd.  1880,  19. 

Crim.  Prac.  Act,  sec.  306.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1023.  Conviction  or  acquittal  for  a  higher  offense, 
effect  of.  When  the  defendant  is  convicted  or  acquitted, 
or  has  been  once  placed  in  jeopardy  upon  an  indictment 
or  information,  the  conviction,  acquittal,  or  jeopardy  is 
a  bar  to  another  indictment  or  information  for  the  offense 
charged  in  the  former,  or  for  an  attempt  to  commit  the 
same,  or  for  an  offense  necessarily  included  therein,  of 
which  he  might  have  been  convicted  under  that  indictment 
or  information.     En.  February  14,  1872.     Am'd.  1880,  45. 

Cal.  Eep.  Cit.  99,  231;  132,  500;  133,  129;  138,  484. 

Crim  Prac.  Act,  sec.  307.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

See  ante,  sec.  1016,  subd.  3. 

§  1024.  Defendant  refusing  to  answer,  plea  of  not  guilty. 
If  the  defendant  refuses  to  answer  the  indictment  or  in- 
formation by  demurrer  or  plea,  a  plea  of  not  guilty  must 
be  entered.     En.  February  14,  1872.     Am'd.  1880,  19. 

Cal.  Eep.  Cit.  71,  396. 

Crim.  Prac.  Act,  sec.  308.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Cal.  Eep.  Cit.  28,  269. 


TRANSMISSION  OF   PLEA.  §  1025 


§  1025.  Previous  conviction.  When  a  defendant  who  is 
charged  in  the  indictment  or  information  with  having  suf- 
fered a  previous  conviction,  pleads  either  guilty  or  not 
guilty  of  the  offense  for  which  he  is  indicted  or  informed 
against,  he  must  be  asked  whether  he  has  suffered  such  pre- 
vious conviction.  If  he  answers  that  he  has,  his  answer 
must  be  entered  by  the  clerk  in  the  minutes  of  the  court, 
and  must,  unless  withdrawn  by  consent  of  the  court,  be  con- 
clusive of  the  fact  of  his  having  suffered  such  previous  con- 
viction in  all  subsequent  proceedings.  If  he  answers  that 
he  has  not,  his  answer  must  be  entered  by  the  clerk  in  the 
minutes  of  the  court,  and  the  question  whether  or  not  -he 
has  suffered  such  previous  conviction  must  be  tried  by  the 
jury  which  tries  the  issue  upon  the  plea  of  not  guilty,  or 
in  case  of  a  plea  of  guilty,  by  a  jury  impaneled  for  that 
purpose.  The  refusal  of  the  defendant  to  answer  is  equiva- 
lent to  a  denial  that  he  has  suffered  such  previous  convic- 
tion. In  case  the  defendant  pleads  not  guilty,  and  an- 
swers that  he  has  suffered  the  previous  conviction,  the 
charge  of  the  previous  conviction  must  not  be  read  to  the 
jury,  or  alluded  to  on  the  trial.  En.  Stats.  1873-4,  439.  Eep. 
1880,  19.     En.   1905,   773. 

This  is  the  section  as  it  existed  prior  to  its  repeal  in  1S80.  By  such 
repeal  no  provision  was  left  for  any  plea  to  a  charge  of  former  con- 
viction, and  it  is  believed  this  should  be  provided  for  in  the  Code. — 
Code    Commissioner's    Note. 

Cal.  Eep.  Cit.  57,  561;  57,  572;  64,  339;  64,  340;  64,  341; 
65,  298;  73,  443;  73,  444;  73,  445; -73,  446;  73,  447; 
73,  450;   73,  451;  88,  118;   142,  13. 


§§  1028-1030  TRANSMISSION   OF   INDICTMENTS.  36S 

CHAPTER  V. 

TR'N?MIPSICN  OF  CERTAIN  INDICTMENTS  FROM  THE  COUNTY 
COrRT  TO  THE  DISTRICT  COURT,  OR  MUNICIPAL  CKiMlNAl. 
COURT    OF   SAN    FRANCISCO. 

§  1028.  Transmission  of  Indictments  from  the  county  to  district  courts. 
(Repealed.) 

§  1029.     Indictments  against   a  superior  judge. 

§  1030.  Indictments  transmitted  to  munlcii  al  criminal  court.  (Re- 
pealed.) 

§  1028.  Transmission  of  indictments  from  the  county  to 
district  courts.  (Eepealed.)  En.  February  14,  1872.  Am'd. 
1873-4,  440.     Rep.  1880,  6. 

Cal.  Rep.  Cit.  51,  601. 

Crim.  Prac.  Act,  see.  309.  En.  April  20,  1850.  Rep.  1851, 
290.  En.  1851,  212.  Am'd.  1860,  31;  1863,  160. 

Cal.  Rep.  Cit.  4,  241. 

§  1029.  Indictments  against  a  superior  judge.  When  an 
indictment  is  found,  or  an  information  filed  in  a  superior 
court  against  a  judge  thereof,  a  certificate  of  that  fact 
must  be  transmitted  by  the  clerk  to  the  governor,  who  shall 
thereupon  designate  and  direct  a  judge  of  the  superior 
court  of  another  county  to  preside  at  the  trial  of  such 
indictment  or  information,  and  hear  and  determine  all  pleas 
and  motions  affecting  the  defendant  thereunder  before  and 
after  judgment.  En.  February  14,  1872.  Am'd.  1873-4,  440; 
1880,  6. 

Cal.   Rep.   Cit.   81,  569. 

Crim.  Prac.  Act,  sec.  310.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,  212.     Am'd.  1863,  160. 

§  1030.  Indictments  transmitted  to  municipal  criminal 
court.      (Repealed.)      Eu.  February  14,  1872.     Rep.  1880,  6. 


369  REMOVAL   OF   ACTION   BEFORE   TRIAL.  §§  1033,   1034 

CHAPTER   VI. 

REMOVAL    OF   THE    ACTION    BEFORE   TRIAL. 

§  1033.  ■  When   action  may  be   removed. 

§  1034.  Application    for   removal,    how   made. 

§  1035.  Application,    when   granted. 

§  1036.  Order  of  removal. 

§  1037.  Proceedings  on   removal,   if  defendant  is  in  custody. 

§  103S.  Proceedings   on   removal.     Transmission    of   papers. 

§  1033.  When  action  may  be  removed.  A  criminal  ac- 
tion may  be  removed  from  the  court  in  which  it  is  pend- 
ing on  application  of  the  defendant,  on  the  ground  that  a 
fair  and  impartial  trial  cannot  be  had  in  the  county.  En. 
February  H,  1872.     Am'd.  1880,  19;  18S7,  61;  1905,  695. 

The  change  consists  in  the  omission  of  the  word  "first,"  after  "pend- 
ing," and  of  the  words  "where  the  action  is  pending.  Second— On 
the  application  of  the  district  attorney  on  the  ground  that  from 
any  cause  no  jury  can  be  obtained  for  the  trial  of  the  defendant  in 
the  county  where  the  action  is  pending,"  after  "county,"  the  pro- 
vision relative  to  a  change  of  the  place  of  trial  in  a  criminal  action 
on  application  of  the  distrct  attorney  having  been  held  unconstitu- 
tional  in   People  v.    Powell,   87   Cal.   348.— Code   Commissioner's   Note. 

Cal.  Rep.  Cit.  56,  328;   56,  329;  56,  330;  65,  147;   80,  298; 

87,  350;   87,  354;   87,  361;   87,  366;   132,  632. 
Crim.  Prac.  Act,  sec.  312.     En.  April  20,  1850.     Rep.  1851, 
290.     En.  1851,  212. 

Change  of  venue  in  criminal  cases. — Section  397  of  the 
Code  of  Civil  Procedure,  providing  for  the  change  of  the 
place  of  trial  in  civil  actions,  has  no  application  to  crim- 
inal cases.  The  only  provisions  of  law  providing  for  a 
removal  of  such  cases  from  one  county  to  another  for 
trial  are  found  in  the  Penal  Code,  sections  1033-1038,  in- 
clusive. 

§  1034.  Application  for  removal,  how  made.  The  appli- 
cation for  removal  must  he  made  in  open  court,  and  in  writ- 
ing, verified  by  the  affidavit  of  the  defendant,  a  copy  of 
which  application  must  be  served  upon  the  district  attor- 
ney at  least  one  day  prior  to  the  hearing  of  the  applica- 
Pen.  Code— 24 


§§  1035-1036         REMOVAL  OF  ACTION   BEFORE  TRIAL,.  370 

tion.  At  the  hearing  the  district  attorney  may  serve  and 
file  such  counter  affidavits  as  he  may  deem  advisable. 
Whenever  the  affidavit  of  the  defendant  shows  that  he  can- 
not safely  appear  in  person  to  make  such  application  be- 
cause popular  prejudice  is  so  great  as  to  endanger  his  per- 
sonal safety,  and  such  statement  is  sustained  by  other  tes- 
timony, such  application  may  be  made  by  his  attorney,  and 
must  be  heard  and  determined  in  the  absence  of  the  de- 
fendant, notwithstanding  the  charge  then  pending  against 
him  be  a  felony,  and  he  has  not  at  the  time  of  such  appli- 
cation been  arrested  or  given  bail,  or  been  arraigned,  or 
pleaded  or  demurred  to  the  indictment  or  information.  En. 
Feb.  14,  1872.     Am'd.  1887,  61;   1905,  695, 

The  design  of  the  amendment  is  to  conform  this  section  to  the  amend- 
ment to  the  last  section.  The  change  consists  in  the  insertion  or 
the  words  "for  removal,"  after  "application";  in  the  omission  of 
the  words  "or  of  the  district  attorney,  as  the  case  m^y  be,"  after 
"defendant";  in  the  insertion  of  the  word  "district,"  after  "the";  in 
the  omission  of  the  words  "of  the  adverse  party,"  after  "attorney"; 
and  in  the  insertion  after  "application,"  of  the  sentence  "At  the 
hearing  the  district  attorney  may  serve  and  file  such  counter  affi- 
davits as  he  may  deem  aedvisable." — Code   Commissioner's  Note. 

Cal.  Eep.  Cit.  56,  329;  65,  147. 

Crim.  Prac.  Act,  sec.  313.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212.     Am'd.  1857,  71. 

§  1035.     Application,    when    granted.      If    the      court    be 

satisfied  that  the  representations  of  the  applicant  are  true, 
an  order  must  be  made  transferring  the  action  to  the 
proper  court  of  some  convenient  county,  free  from  a  like 
objection.     En.  February  14,  1872.     Am'd.  1887,  62. 

Cal.  Eep.  Cit.  65,  147;  80;  298. 

Crim.  Prac.  Act,  see.  314.  En.  April  20,  1850.  Eep.  1851. 
290.     En.  1851,  212.     Am'd.  1863,  160. 

§  1036.  Order  of  removal.  The  order  of  removal  must 
be  entered  upon  the  minutes,  and  the  clerk  must  immedi- 
ately make  out  and  transmit  to  the  court  to  which  the 
action  is  removed  a  certified  copy  of  the  order  of  re- 
moval, record,  pleadings,  and  proceedings  in  the  action, 
including  the  undertakings  for  the  appearance  of  the  de- 
fendant and  of  the  witnesses.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     71,  605;  142,  357. 

Crim.  Prac.  Act,  sec.  315.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 


371  MODE    OF    TRIAL,.  §§  1037-1042 

§  1037.  Proceedings  on  removal,  if  defendant  is  in  cus- 
tody. If  the  defendant  is  in  custody,  the  order  must  direct 
his  removal,  and  lie  must  be  forthwith  removed  by  the 
sheriff  of  the  county  where  he  is  imprisoned,  to  the  custody 
of  the  sheriff  of  the  county  to  which  the  action  is  removed. 
En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  316.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1038.     Proceedings  on  removal.    Transmission  of  papers. 

The  court  to  which  the  action  is  removed  must  proceed  to 
trial  and  judgment  therein  as  if  the  action  had  been  com- 
menced in  such  court.  If  it  is  necessary  to  have  any  of  the 
original  j)leadings  or  other  papers  before  such  court,  the 
court  from  which  the  action  is  removed  must  at  any  time, 
upon  application  of  the  district  attorney  or  the  defendant, 
order  such  papers  or  pleadings  to  be  transmitted  by  the 
clerk,  a  certified  coj^y  thereof  being  retained.  En.  Feb- 
ruary 14,  1872. 

Cal.  Eep.  Cit.   142,  357. 

Crim.  Prac.  Act,  sec.  317.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Costs  on  removal  of  criminal  action  chargeable  against 
what  county:  See  Pol.  Code,  see.  4345. 


CHAPTER  VII. 

THE    MODE    OF    TRIAL. 

§  1041.    Issue   of  fact   defined. 

§  1042.     How  tried. 

§  1043.     When   presence  of  defendant   is  necessary   on   the   trial. 

§  1041.     Issue  of  fact  defined.     An  issue  of  fact  arises: 

1.  Upon  a  plea  of  not  guilty. 

2.  Upon  a  plea  of  a  former  conviction  or  acquittal  of  the 
same    offense. 

3.  Upon   a    plea   of   once    in   jeopardy.     En.    February    14, 
1872.     Am'd.  1880,  45. 

Crim.  Prac.  Act,  sec.  318.     En.  April  20,  1850.     Eep.  1851, 
290.     En.  1851,  212. 

§  1042.     How    tried.     Issues    of    fact    must    be    tried    by 
jury,    unless    a    trial    l>y    jury    be    waived    in    criminal    cases 


§§  1043,  1046  FORMATION  OF  TRIAL  JURY.  372 

not  amounting  to  felony,  by  the  consent  of  both  parties 
expressed  in  open  court  and  entered  in  its  minutes.  In 
cases  of  misdemeanor  the  jury  may  consist  of  twelve,  or 
any  number  less  than  twelve  upon  which  the  parties  may 
agree  in  open  court.     En.  February  14,  1872.     Am'd.  1880,  5. 

Cal.  Eep,  Cit.  92,  575;  92,  576. 

Grim.  Prac.  Act,  sec.  319.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

In  cases  of  misdemeanor,  the  jury  may  consist  of  twelve, 
or  of  any  number  less  than  twelve  upon  which  the 'parties 
may  agree  in  open  court:  Const.  1879,  art  I,  sec.  7. 

Issue  of  fact  defined:   Code  Civ.  Proc,  sec.  590. 

§  1043.  When  presence  of  defendant  is  necessary  on  the 
trial.  If  the  prosecution  be  for  a  felony,  the  defendant 
must  be  personally  present  at  the  trial;  but  if  for  misde- 
meanor, the  trial  may  be  had  in  the  absence  of  the  defend- 
ant; if,  however,  his  presence  is  necessary  for  the  purpose 
of  identification,  the  court  may,  upon  application  of  the 
district  attorney,  by  an  order  or  warrant,  require  the  per- 
sonal attendance  of  the  defendant  at  the  trial.  En.  Feb- 
ruary 14,  1872.     Am'd.  1880,  19. 

Cal.  Eep.  Cit.  57,  351;  59,  358;  68,  634;  118,  448. 
Crim.  Prac.  Act,  see.  230.     En.  April  20,  1850.     Eep.  1851, 
290.     En.  1851,  212.     Am'd.  1863,  160. 

Cal.  Eep.  Cit.  17,  400;   42,  168. 


CHAPTER  VIII. 

FORMATION     OF     THE     TRIAL    JURT    AND     THE    CALKNUAR     OK 
ISSUKS    FOR    TRIAL. 

§  1046.  Formation  of  trial  jury. 

g  1047.  Clerk  to  prepare  a  calendar. 

§  104S.  Order    of    disposing    of    issues    on    the    calendar. 

§  1049.  Defendant   entitled   to   two   days   to   preiare   for   trial. 

§  1046.  Formation  of  trial  jury.  Trial  juries  for  crim- 
inal actions  are  formed  in  the  same  manner  as  trial  juries 
in  civil  actions.     En.  February  14,  1872. 

Cal.  Eep.  Cit.  119,  622. 

Crim.  Prac.  Act,  sec.  321.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 


373  POSTPONEMENT    OF    TRIAL.  §§  1047-1052 

Cal.  Rep.  Cit.  37,  678;  37,  679;  37,  688;  37,  696;  144,  756. 
Impaneling  trial  juries:   Code  Civ.  Proc,  sees.  246,  247. 
Formation  of  jury:   Code  Civ.  Proc,  sees.  600-604. 
Qualifications  and  exemptions  of  jurors:   Code  Civ.  Proc, 
sees.   198-202. 

§  1047.  Clerk  to  prepare  a  calendar.  The  clerk  must 
keep  a  calendar  of  all  criminal  actions  pending  in  the 
court,  enumerating  them  according  to  the  date  of  the  filing 
of  the  indictment  or  information,  specifying  opposite  the 
title  of  each  action  whether  it  is  for  a  felony  or  a  misde- 
meanor, and  whether  the  defendant  is  in  custody  or  on  bail. 
En.   February   14,   1872.     Am'd.   1880,   20. 

Cal.  Eep.   Cit.   105,   512. 

Crim  Prac.  Act,  sec.  322.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  1048.     Order   of  disposing   of  Issues   on   the     calendar. 

The  issues  on  the  calendar  must  be  disposed  of  in  the 
following  order,  unless  for  good  cause  the  court  shall  direct 
an  action  to  be  tried  out  of  its  order: 

1.  Prosecutions  for  felony,  when  the  defendant  is  in 
custody. 

2.  Prosecutions  for  misdemeanor  when  the  defendant  is  in 
custody. 

3.  Prosecutions  for  felony,  when  the  defendant  is  on 
bail. 

4.  Prosecutions  for  misdemeanor,  when  the  defendant  is 
on  bail.    En.  February  14,  1872.    Am'd.  1873-4,  440;  1880,  20. 

Crim  Prac.  Act,  sec.  323.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1049.  Defendant  entitled  to  two  days  to  prepare  for 
trial.  After  his  plea,  the  defendant  is  entitled  to  at  least 
two  days  to  prepare  for  trial.     En.  February  14,  1872. 

Crim.  Prac  Act,  sec.  324.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

CHAPTER   IX. 

POSTPONEMENT    OF   THE    TKIAL. 
§  10.j2.     Postponement,    when   and   how   ordered. 

§  1052.  Postponement,  when  and  how  ordered.  "When 
an  action  is  called  for  trial,  or  at  any  time  previous  there- 


§  1052  CHALLENGING    THE    JURY.  374 

to,  the  court  may,  upon  sufficient  cause,  direct  the  trial  to 
be  postponed  to  another  day.  En.  February  14,  1872.  Am'd. 
1873-4,  441;    1880,  20. 

Cal.  Rep.  Cit.  66,  396;  76,  342;   130,  76;  135,  134. 
.     Crim.  Prac.  Act,  sec.  325.  En.  April  20,  1850.     Rep.  1851, 
290.     En.  1851,  212. 


TITLE  VII. 

OF  PROCEEDINGS   AFTER  THE   COMMENCEMENT   OF 
THE  TRIAL  AND  BEFORE  JUDGMENT. 

Chapter    I.     Challenging  the  Jury,   §§   1055-1089. 
II.     The   Trial,   §§    1093-1131. 

III.  Conduct  of  the   Jury  after  Cause  is   Submitted 

to  Them,   §§   1135-1143. 

IV.  The  Verdict,  §§  1147-1167. 

V.     Bills  of  Exception,  §§   1170-1177. 
VI.     New  Trial,  §§  1179-1182. 
VII.     Arrest  of  Judgment,  §§  1185-1188. 

CHAPTER   I. 

CHALLENGING   THE    JURY. 

§  1055.  Definition    and    division   of   challenges. 

§  1056.  Defendants   cannot   sever   in    challenges. 

§  1057.  Panel   defined. 

§  10.5S.  Challenge  to  the  jury  defined. 

§  1059.  Upon    what   founded. 

§  1060.  When   and   how   taken. 

§  1061.  Exception,    if  sufficiency  of  the   challenge  be  'denied. 

§  1062.  If  exception   overruled,   court  may   allow  denial,   etc. 

§  1063.  Denial  of  challenge,    how   made,    and  trial   thereof. 

§  1164.  Challenge   for   bias   in  summoning   officer. 

§  1065.  Proceedings,    if  challenge  allowed. 

§  1066.  Defendant    to   be   informed   of   his   right    to   challenge. 

§  1067.  Kinds   of   challenges   to   individual   Juror. 

§  106S.  Challenge,    when    taken. 

§  1069.  Peremptory   challenge,    what,   and   how   taken. 

§  1070.  Number    of    peremptory    challenges. 

§  1071.  Definition   and   kinds   of   challenge,    for  cause. 

§  1072.  General   causes    of   challenge. 

§  1073.  Particular   cause   of   challenge. 

§  1074.  Ground   of   challenge   for    implied   bias. 

§  1075.  Exemption   not  a   grouni   of  challenge. 

§  1076.  Causes  of  challenge,   how  stated. 

I  1077.  Exceptions   to   challenge  and  denial   thereof. 


375  CHALLENGING    THE    JURY.  §§  lU55-lUoS 

§  1078.  Challenge,    how   tried. 

§  1079.  Triers,    how    appointed.     Majority    may    decide.     (Repealed.) 

§  1081.  Oath   of  triers.     (Repealed.) 

I  1081.  Juror  challenged   may    be   examined   as   a   witness. 

§  10S2.  Rules   of   evidence   on   trial   of  challenge. 

§  1083.  Decision   of  court   to  be  entered. 

§  1084.  Instructions   on   trial    for   actual   bias.     (Repealed.) 

§  108.5.  Verdict    of   triers,    and   its   effect.     (Repealed.) 

§  1086.  Challenges,    first   by   the   defendant. 

§  1087.  Order  of  challenges. 

§  loss.  Peremptory    challenges,    when   may   be    taken. 

§  1089.  Alternate    jurors. 

§  1055,  -Definition  and  division  of  challenges.  A  chal- 
lenge is  an  objection  made  to  the  trial  jurors,  and  is  of 
two   kinds: 

1.  To   the  panel; 

2.  To  an  individual  juror.     En.  February  14,  1872. 
Crim.  Prac.  Act,  sec.  326.     En.  April  20,  1850.     Eep.  1851, 

290.     En.  1851,  212. 

§  1056.     Defendants   cannot   sever   in    challenges.     When 

several  defendants  are  tried  together,  they  cannot  sever 
their  challenges,  but  must  join  therein.  En.  February  14, 
1872. 

Crim.  Prac.  Act,  sec.  327.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Cal.  Eep.  Cit.  8,  303. 

§  1057.  Panel  defined.  The  panel  is  a  list  of  jurors  re- 
turned by  a  sheriff,  to  serve  at  a  particular  court,  or  for  the 
trial  of  a  particular  action.     En.  February  14,  1872, 

Cal.   Rep.   Cit.   139,   64. 

Crim  Prac.  Act,  sec.  328.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212, 

Selecting  and  returning  jurors:  Code  Civ.  Proc,  sees. 
204-211. 

Drawing  jurors:  Code  Civ.  Proc,  sees,  214-220, 

Summoning  jurors:   Code  Civ.  Proc,  sees.  225-228. 

§  1058.  Challenge  to  the  jury  defined.  A  challenge  to 
the  panel  is  an  objection  made  to  all  the  jurors  returned, 
and  may  be  taken  by  either  party.     En.  February  14,  1872 

Crim.  Prac.  Act,  sec.  329.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 


§§  1059-1062  CHALLENGING   THE   JURY.  376 

§  1059.  Upon  what  founded.  A  challenge  to  the  panel 
can  be  founded  only  on  a  material  departure  from  the 
forms  prescribed  in  respect  to  the  drawing  and  return  of 
the  jury  in  civil  actions,  or  on  the  intentional  omission  of 
the  sherijBf  to  summon  one  or  more  of  the  jurors  drawn.  En. 
February   14,   1872. 

Cal.  Eep.  Cit.  64,  382;  73,  360;  97,  176;  134,  529;  145,  295. 

Crim.  Prac.  Act,  sec.  330.  En.  April  20,  1850.  Eep.  1851, 
290.  En.  1851,  212. 

Cal.  Eep.  Cit.  1,  383. 

§  1060.  When  and  how  taken.  A  challenge  to  the  panel 
must  be  taken  before  a  juror  is  sworn,  and  must  be  in 
writing  or  be  noted  by  the  phonographic  reporter,  and 
must  plainly  and  distinctly  state  the  facts  constituting  the 
ground  of  challenge.     En.  February  14,  1872. 

Cal.  Eep.  Cit.  127,  380;   134,  528. 

Crim.  Prac.  Act,  sec.  331.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Cal.   Eep.   Cit.   1,  383. 

§  1061.  Exception,  if  sufficiency  of  the  challenge  be  de- 
nied. If  the  sufiicieney  of  the  facts  alleged  as  ground  of 
the  challenge  is  denied,  the  adverse  party  may  except  to 
the  challenge.  The  exception  need  not  be  in  writing,  but 
must  be  entered  on  the  minutes  of  the  court,  or  of  the 
phonographic  reporter,  and  thereupon  the  court  must  pro- 
ceed to  try  the  sufficiency  of  the  'challenge,  assuming  the 
facts  alleged  therein  to  be  true.     En.  February  14,  1872. 

Cal.  Eep.  Cit.  61,  549. 

Crim.  Prac.  Act,  sec.  332.  En.  April  20,  1850.  Eep.  1851, 
290'.  En.  1851,  212. 

Cal.  Eep.  Cit,  1,  383. 

Crim.  Prac.  Act,  sec.  333.  En.  April  20,  1850.  Eep.  1851, 
290.    En.  1851,  212. 

Compare  with   post,  sec.   1077. 

Exception  to  ruling:  Post,  sec.  1170. 

§  1062.  If  exception  overruled,  court  may  allow  denial, 
etc.      If,    on   the   exception,    the    court   finds    the      challenge 


377  CHALLENGING   THE   JURY.  §§  1063-1065 

sufficient,  it  may,  if  justice  requires  it,  permit  the  party 
excepting  to  withdraw  his  exception,  and  to  deny  the 
facts  alleged  in  the  challenge.  If  the  exception  is  allowed, 
the  court  may,  in  like  manner,  permit  an  amendment  of  the 
challenge.     En.  February   14,  1872. 

Cal.  Eep.  Cit.  61,  549. 

Grim.  Prac.  Act,  see.  334.  En.  April  20,  1850.  Eep.  1851, 
290.    En.  1851,  212. 

§  1063.     Denial  of  challenge,  how  made,  and  trial  thereof. 

If  the  challenge  is  denied,  the  denial  may  be  oral,  and 
must  be  entered  on  the  minutes  of  the  court,  or  of  the 
phonographic  reporter,  and  the  court  must  proceed  to  try 
the  question  of  fact;  and  upon  such  trial,  the  officers, 
whether  judicial  or  ministerial,  whose  irregularity  is  com- 
plained of,  as  well  as  any  other  persons,  may  be  examined 
to  prove  or  disprove  the  facts  alleged  as  the  ground  of  the 
challenge.     En.  February  14,  1872. 

Grim.  Prac.  Act,  sec.  335.  En.  April  20,  1850.  Eep.  1851. 
290.    En.  1851,  212. 

Grim.  Prac.  Act,  sec.  336.  En.  April  20,  1850.  Eep.  1851, 
290.    En.  1851,  212. 

§  1064.  Challenge  for  bias  in  summoning  officer.  When 
the  panel  is  formed  from  persons  whose  names  are  not 
drawn  as  jurors,  a  challenge  may  be  taken  to  the  panel 
on  account  of  any  bias  of  the  officer  who  summoned  them, 
which  would  be  good  ground  of  challenge  to  a  juror.  Such 
challenge  must  be  made  in  the  same  form,  and  determined 
in  the  same  manner,  as  if  made  to  a  juror.  En.  February 
14,  1872. 

Cal.  Eep.  Git.  49,  177;  49,  178;  76,  346;  95,  427;  101,  283; 
108,  583;  116,  195;  122,  236;  127,  380;  134,  529;  134, 
534;  134,  544. 

Grim.  Prac.  Act,  sec.  337.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  312. 

Gal.  Eep.  Git.  40,  592. 

§  1065.  Proceedings,  if  challenge  allowed.  If,  eith'er 
upon  an  exception  to  the  challenge  or  a  denial  of  the  facts, 
the  challenge  is  allowed,  the  court  must  discharge  the  jury 


§§  10«6-1069  CHALLENGING   THE   JURY.  378 

SO   far   as   the   trial  in   question   is   concerned.     If  it  is   dis- 
allowed,   the   «ourt    must    direct    the    jury    to    be    impaneled. 

En.  February   14,   1872.     Am'd.   1880,  20. 

Cal.  Eep.  Cit.  73,  360. 

Crim.  Prac.  Act,  sec.  338.  En.  April  20,  1850.  Eep.  1851, 
290,    En.  1851,  212. 

§  1066.  Defendant  to  be  informed  of  his  right  to  chal- 
lenge. Before  a  juror  is  called,  the  defendant  must  be  in- 
formed by  the  court,  or  under  its  direction,  that  if  he  in- 
tends to  challenge  an  individual  juror  he  must  do  so  when 
the  jurors  appears,  and  before  he  is  sworn.  En.  February 
14,  1872. 

Cal.  Eep.  Cit.  58,  266;   76,  346;  88,  488;   88,  489;   92,  596; 
102,  231;  103,  510. 

Crim.  Prac.  Act,  sec.  339.  En.  April  20,  1850.  Eep.  1851, 
290.    En.  1851,  212. 

§  1067.  Kinds  of  challenges  to  individual  juror.  A  chal- 
lenge to  an  individual  juror  is  either: 

1.  Peremptory;   or, 

2.  For  cause.     En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  340.  En.  April  20,  1850.  Eep.  1851, 
290.    En.  1851,  212. 

Cal.  Eep.  Cit.  37,  678. 

§  1068.  Challenge,  when  taken.  It  must  be  taken  when 
the  juror  appears,  and  before  he  is  sworn  to  try  the  cause; 
but  the  court  may  for  cause  permit  it  to  be  taken  after 
the  juror  is  sworn,  and  before  the  jury  is  completed.  En. 
February   14,   1872. 

Cal.  Eep.  Cit.  47,  122;  53,  577;   76,  347;  87,  120;   105,  338; 
116,  197;  116,  198;  123,  488;  139,  216. 

Crim.  Prac.  Act,  sec.  341.  En.  April  20,  1850.  Eep.  1851, 
290.    En.  1851,  212. 

Cal.   Eep.   Cit.   4,   200;    16,   131;   24,   13;   37,   678;   37,   679; 
37,  680;  37,  690;  37,  693. 

§  1069.    Peremptory  challenge,  what,  and  how  taken.     A 

peremptory    challenge    can    be    taken    by    either    party,    and 


379  CHALLENGING  THE  JURY.  §§  1070-1072 

may  be  oral.  It  is  an  objection  to  a  juror  for  which  no  rea- 
son need  be  given,  but  upon  which  the  court  must  exclude 
him.     En.   February   14,    1872. 

Crim.  Prac.  Act,  sec.  342.  En.  April  20,  1850.  Am'd. 
1850,  332.     Eep.   1851,  290.     En.   1851,  212. 

§  1070.  Number  of  peremptory  challenges.  If  the  of- 
fense charged  be  punishable  with  death,  or  with  imprison- 
ment in  the  state  prison  for  life,  the  defendant  is  entitled 
to  twenty  and  the  state  to  ten  peremptory  challenges.  On 
a  trial  for  any  other  offense,  the  defendant  is  entitled  to  ten 
and  the  state  to  five  peremptory  challenges.  En.  February 
14,  1872.     Am'd.  1873-4,  441. 

Cal.    Kep.    Cit.     59,   441;    61,    137;    61,   436;    109,   259;    132, 
94;   134,  454. 

Crim.  Prac.  Act,  sec.  343.  En.  April  20,  1850.  Rep.  1851, 
290.    En.  1851,  212. 

Cal.  Rep.  Cit.  8,  303. 

§  1071.     Definition  and  kinds  of  challenge,  for  cause.     A 

challenge  for  cause  may  be  taken  by  either  party.  It  is 
an  objection  to   a  particular  juror,  and   is  either — 

1.  General — that  the  juror  is  disqualified  from  serving  in 
any  case;  or, 

2.  Particular — that  he  is  disqualified  from  serving  in 
the  action  on  trial.     En.  February  14,  1872. 

Cal.  Eep.   Cit.  70,  11. 

Crim.  Prac.  Act,  sec.  344.  En.  April  20,  1850.  Rep.  1851, 
290.    En.  1851,  212. 

§  1072.  General  causes  of  challenge.  General  causes  of 
challenge  are — 

1.  A  conviction  for  felony. 

2.  A  want  of  any  of  the  qualifications  prescribed  by  law 
to  render  a  person  a  competent  juror. 

3.  Unsoundness  of  mind,  or  such  defect  in  the  faculties 
of  the  mind  or  organs  of  the  body  as  renders  him  incapable 
of  performing  the  duties  of  a  juror.     En.  February  14,  1872. 

Cal.  Rep.  Cit.  59,  354;  61,  553;   119,  621;  123,  487. 


§§  1073.  1074  CHALLENGING   THE   JURY.  380 

Grim.  Prac.  Act,  sec.  345.  En.  April  20,  1850.  Eep.  1851, 
290.    En.  1851,  212. 

Qualifications  required  of  jurors:  Code  Civ.  Proc,  sec.  198. 
See  Const.,  art  XX,  sec.  11. 

Exemptions:   Code  Civ.  Proc,  sec.  200. 

§  1073.  Particular  cause  of  challenge.  Particular  causes 
of  challenge  are  of  two  kinds: 

First — For  such  a  bias  as,  when  che  existence  of  the  facts 
is  ascertained,  in  judgment  of  law  disqualifies  the  juror, 
and  which  is  known  in  this  code  as  implied  bias. 

Second — For  the  existence  of  a  state  of  mind  on  the  part 
of  the  juror  in  reference  to  the  case,  or  to  either  of  the 
parties,  which  will  prevent  him  from  acting  with  entire 
impartiality  and  without  prejudice  to  the  substantial  rights 
of  either  party,  which  is  known  in  this  code  as  actual  bias. 
En.  February  14,   1872.     Am'd.   1873-4,  441. 

Cal.  Rep.  Cit.  49,  168;  49,  177;  49,  183;  62,  379;  96,  127; 
100,  229.  Subd.  1—61,  553.  Subd.  2—116,  195; 
123,  486. 

Crim.  Prac.  Act,  sec.  346.  En.  April  20,  1850.  Rep.  1851, 
290.   En.  1851,  212.  Am'd.  1868,  704. 

Cal.  Rep.  Cit.  49,  183. 

Implied  bias:   Post,  see.  1074. 
Actual  bias:  Post,  sec.  1076. 

§  1074.  Ground  of  challenge  for  implied  bias.  A  chal- 
lenge for  implied  bias  may  be  taken  for  all  or  any  of  the 
following  causes,  and  for  no  other; 

1.  Consanguinity  or  affinity  within  the  fourth  degree  to 
the  person  alleged  to  be  injured  by  the  offense  charged,  or 
on  whose  complaint  the  prosecution  was  instituted,  or  to  the 
defendant. 

2.  Standing  in  the  relation  of  guardian  and  ward,  at- 
torney and  client,  master  and  servant,  or  landlord  and 
tenant,  or  being  a  member  of  the  family  of  the  defendant, 
or  of  the  person  alleged  to  be  injured  by  the  offense 
charged,  or  on  whose  complaint  the  prosecution  was  insti- 
tuted, or  in  his  employment  on  wages. 


3S1  CHALI^ENGING    THE    JURY.  §  1075 

3.  Being  a  party  adverse  to  the  defendant  in  a  civil  action, 
or  having  complained  against  or  been  accused  by  him  in  a 
criminal  prosecution. 

4.  Having  served  on  the  grand  jury  which  found  the  in- 
dictment, or  on  a  coroner's  jury  which  inquired  into  the 
death  of  a  person  whose  death  is  the  subject  of  the  indict- 
ment or  information. 

5.  Having  served  on  a  trial  jury  which  has  tried  another 
person  for  the  offense  charged. 

6.  Having  been  one  of  a  jury  formerly  sworn  to  try  the 
same  charge,  and  whose  verdict  was  set  aside,  or  which 
was  discharged  without  a  verdict,  after  the  case  was  sub- 
mitted to  it. 

7.  Having  served  as  a  juror  in  a  civil  action  brought 
against  the  defendant  for  the  act  charged  as  an  offense. 

8.  If  the  offense  charged  be  punishable  with  death,  the 
entertaining  of  such  conscientious  opinions  as  would  pre- 
clude his  finding  the  defendant  guilty;  in  which  case  he 
must  neither  be  permitted  nor  compelled  to  serve  as  a 
juror.     En.  February  14,  1872.     Am'd.  1873-4,  442;   1880,  20. 

Cal.  Eep.  Cit.  49,  169;  49,  183;  59,  355;  61,  549;  61,  553; 
62,  380;  76,  346;  117,  666.  Subd.  4—116,  509;  119,  621. 
Subd.  8—65,  148;  137,  317. 

Crim.  Prae.  Act,  sec.  347.  En.  April  20,  1850.  Eep.  1851, 
290.  En.  1851,  212. 

Cal.  Eep.  Cit.  16,  130;  16,  132;  37,  259;  37,  279;  41,  39; 
41,  430. 

Formed  or  expressed  an  unqualified  opinion. — Prior  to 
the  amendment  of  section  1074,  adopted  in  1874,  the  sec- 
tion included,  as  an  additional  ground  of  challenge  for 
implied  bias,  the  following:  "Having  formed  or  expressed 
ati  unqualified  opinion  or  belief  that  the  prisoner  is  guilty 
or  not  guilty  of  the  offense  charged." 

§  1075.  Exemption  not  a  ground  of  challenge.  An  ex- 
emption from  service  on  a  jury  is  not  a  cause  of  chal- 
lenge, but  the  privilege  of  the  person  exempted.  En.  Feb- 
ruary  14,   1872. 

Cal.  Eep.  Cit.  123,  486. 


§§  1076,  1077  CHALLENGING   THE   JURY.  382 

Crim.  Prac.  Act,  see.  348.  En.  April  20,  1850.  Eep.  1851, 
290.    En.  1851,  212. 

Exemption  from  jury  duty:   See  Code  Civ.  Proc,  sec.  200. 

§  1076.  Causes  o^  challenge,  how  stated.  In  a  challenge 
for  implied  bias,  one  or  more  of  the  causes  stated  in  sec- 
tion one  thousand  and  seventy-four  must  be  alleged.  In 
a  challenge  for  actual  bias,  the  cause  stated  in  the  second 
subdivision  of  section  one  thousand  and  seventy-three  must 
be  alleged;  but  no  person  shall  be  disqualified  as  a  juror 
by  reason  of  having  formed  or  expressed  an  opinion  upon 
the  matter  or  cause  to  be  submitted  to  such  jury,  founded 
upon  public  rumor,  statements  in  public  journals,  or  com- 
mon notoriety;  provided  it  appear  to  the  court,  upon  his 
declaration,  under  oath  or  otherwise,  that  he  can  and  will, 
notwithstanding  such  an  opinion,  act  impartially  and  fairly 
upon  the  matters  to  be  submitted  to  him.  The  challenge 
may  be  oral,  but  must  be  entered  in  the  minutes  of  the 
court  or  of  the  phonographic  reporter.  En.  February  14, 
1872.     Am'd.  1873-4,  443. 

Cal.  Rep.  Cit.  59,  354;  61,  549;  61,  553;  100,  229;  100,  230; 

100,  231;  105,  512;  108,  583;  124,  317;  125,  46;  125,  47; 

139,  429;   140,  271;   142,  445;    145,  298;   147,  550;    147, 

552. 

Crim.  Prac.  Act,  sec.  349.     En.  April  20,  1850.     Rep.  1851, 

290.    En.  1851,  212. 

Cal.  Rep.  Cit.     7,  144;   16,  130;  37,  259. 

§  1077.    Exceptions  to  challenge  and  denial  thereof.     The 

adverse  party  may  except  to  the  challenge  in  the  same 
manner  as  to  a  challenge  to  the  panel,  and  the  same  pro- 
ceedings must  be  had  thereon  as  are  prescribed  in  section 
one  thousand  and  sixty-one,  except  that  if  the  exception 
be  allowed  the  juror  must  be  excluded.  The  adverse  party 
may  also  orally  deny  the  facts  alleged  as  the  ground  of  chal- 
lenge.    En.  February  14,  1872. 

Cal.  Rep.  Cit.  61,  549. 

Crim.  Prac.  Act,  sec.  350.  En.  April  20,  1850.  Rep.  1851, 
290,    En.  1851,  212. 

See  ante,   sees.   1068,   1073,   1076. 
Compare  with  ante,  sees.  1061,  1062. 
Exceptions  to  court's  ruling:  Post,  sec.  1170. 


383  CHALLENGING   THE   JURY.  §§  1078-10S3 

§  1078.  Challenge,  how  tried.  If  the  facts  are  denied, 
the  challenge  must  be  tried  by  the  court.  En.  Februarv 
14,  1872.     Am'd.   1873-4,  443. 

Cal.  Eep.  Cit.  49,   183. 

Crim.  Prae.  Act,  sec.  351.  En.  April  20,  1850.  Eep.  1851, 
290.    En.  1851,  212. 

§  1079.     Triers,   how   appointed.     Majority   may     decide. 

(Kepealed).     En.   February  14,   1872.     Eep.   1873-4,  443. 

Cal.  Eep.  Cit.  68,  180. 

Crim.  Prac.  Act,  sec.  352.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1080.  Oath  of  triers.  (Eepealed.)  En.  February  14, 
1872.     Eep.   1873-4,  443. 

Crim.  Prac.  Act,  sec.  353.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1081.     Juror  challenged  may  be  examined  as  a  witness. 

Upon  the  trial  of  a  challenge  to  an  individual  juror,  the 
juror  challenged  may  be  examined  as  a  witness  to  prove 
or  disprove  the  challenge,  and  must  answer  every  question 
pertinent  to  the  inquiry.     En.  February  14,   1872. 

Crim.  Prac.  Act,  sec.  354.  En.  April  20,  1850.  Eep.  1851, 
290.    En.  1851,  212. 

§  1082.  Rules  of  evidence  on  trial  of  challenge.  Other 
witnesses  may  also  be  examined  on  either  side,  and  the 
rules  of  evidence  applicable  to  the  trial  of  other  issues 
govern  the  admission  or  exclusion  of  evidence  on  the  trial 
of  the   challenge.     En.   February   14,   1872. 

Crim.  Prac.  Act,  sec.  355.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1083,  Decision  of  court  to  be  entered.  The  court  must 
allow  or  disallow  the  challenge,  and  its  decision  must  be 
entered  in  the  minutes  of  the  court.  En.  February  14,  1872 
Am'd.  1873-4,  443. 

Crim.  Prac.  Act,  sec.  356.  En.  April  20,  1850.  Eep.  1851, 
290.    En.  1851,  212. 

See  ante,  sec.  1076,  and  post,  sec.  1170. 


§§   1084-10S7  CHALLENGING    THE   JURY.  3S4 

§  1084.  Instructions  on  trial  for  actual  bias.  (Eepealed.) 
En.  February  14,  1872.     Eep.  1873-4,  444. 

Crim.  Prac.  Act,  sec.  357.  En.  April  20,  1850.  Rep.  1851, 
290.     En.    1851,   212.     Am'd.   1868,   704. 

§  1085.  Verdict  of  triers  and  its  effect.  (Repealed.') 
En.  February   14,   1872.     Eep.   1S73-4,  444. 

Crim.  Frac.  Act,  sec.  358.  En.  April  20,  1850.  Rep. 
1851,  290.     En.   1851,  212. 

§  1086.  Challenges,  first  by  the  defendant.  All  chal- 
lenges to  an  individual  juror,  except  peremptory,  must  be 
taken,  first  by  the  defendant,  and  then  by  the  people,  and 
each  party  must  exhaust  all  his  challenges  before  the  other 
begins.     En.  February  14,  1872. 

Crim.  Prac.  ^ct,  sec.  359.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Cal.  Rep.  Cit.  6,  409. 

§  1087.  Order  of  challenges.  The  challenges  of  either 
party  for  cause  need  not  all  be  taken  at  once,  but  they 
must  be  taken  separately,  in  the  following  order,  including 
in  each  challenge  all  the  causes  of  challenge  belonging  to 
the  same  class: 

1.  To  the  panel. 

2.  To  an  individual  juror,  for  a  general  disqualification. 

3.  To  an  individual  juror,  for  an  implied  bias. 

4.  To  an  individual  juror,  for  an  actual  bias.  En.  Feb- 
ruary 14,  1872. 

Crim.  Prac.  Act,  sec.  360.  En.  April  20,  1850.  Rep.  1851, 
290.    En.  1851,  212. 

Cal.  Rep.  Cit.  16,  133. 

§  1088.    Peremptory    challenges,    when   may     be     taken. 

If  all  challenges  on  both  sides  are  disallowed,  either  party, 
first  the  people  and  then  the  defendant,  may  take  a  per- 
emptory challenge,  unless  the  parties'  peremptory  chal- 
lenges "^are   exhausted.     En.  February   14,   1872. 

Cal.  Rep.  Cit.  48,  559;  65,  148;   96,  318. 
Crim.  Prac.  Act,  sec.  361.     En.  April  20,  1850.     Rep.  1851, 
290.     En.  1851,  212. 


385  CHALLENGING   THE   JURY.  §  10S9 

§  1089.  Alternate  jurors.  Whenever,  in  the  opinion  of 
a  judge  of  a  superior  court  about  to  try  a  defendant  against 
whom  has  been  filed  any  indictment  or  information  for  a 
felony,  the  trial  is  likely  to  be  a  protracted  one,  the  court 
may  cause  an  entry  to  that  effect  to  be  made  in  the 
minutes  of  the  court,  and  thereupon,  immediately  after 
the  jury  is  impaneled  and  sworn,  the  court  may  direct  the 
calling  of  one  or  two  additional  jurors,  in  its  discretion, 
to  be  known  as  "alternate  jurors."  Such  jurors  must  be 
drawn  from  the  same  source,  and  in  the  same  manner,  and 
have  the  same  qualifications  as  the  jurors  already  sworn, 
and  be  subject  to  the  same  examination  and  challenges; 
provided,  that  the  prosecution  shall  be  entitled  to  •  one, 
and  the  defendant  to  two,  peremptory  challenges  to  such 
alternate  jurors.  Such  alternate  jurors  shall  be  seated 
near,  with  equal  power  and  facilities  for  seeing  and  hearing 
the  proceedings  in  the  case,  and  shall  take  the  same  oath 
as  the  jurors  already  selected,  and  must  attend  at  all  times 
upon  the  trial  of  the  cause  in  company  with  the  other  jur- 
ors; and  for  a  failure  so  to  do  are  liable  to  be  punished  for 
contempt.  They  shall  obey  the  orders  of  and  be  bound 
by  the  admonition  of  the  court  upon  each  adjournment 
of  the  court;  but  if  the  regular  jurors  are  ordered  to  be 
kept  in  the  custody  of  the  sheriff  during  the  trial  of  the 
cause,  such  alternate  jurors  shall  also  be  kept  in  confine- 
ment with  the  other  jurors;  and  except,  as  hereinafter 
provided,  shall  be  discharged  upon  the  final  submission  of 
the  case  to  the  jury.  If,  before  the  final  submission  of 
the  case,  a  juror  die,  or  become  ill,  so  as  to  be  unable  to 
perform  his  duty,  the  court  may  order  him  to  be  dis- 
charged and  draw  the  name  of  an  alternate,  who  shall  then 
take  his  place  in  the  jury-box,  and  be  subject  to  the  same 
rules  and  regulations  as  though  he  had  been  selected  as  one 
of  the  original  jurors.  En.  Stats.  1895,  280. 
Pen.  Code— 25 


§  1093  THE   TRIAL.  386 

CHAPTER   II. 

THE    TRIAL. 

§  1093.  Order  of   trial. 

§  1094.  When   order  of  trial   may  be   departed   from. 

§  1095.  Number   of   coun.sel   who   may   argue   the  case. 

§  1096.  Defendant    presumed    innocent.     Reasonable   doubt. 

§  1097.  Reasonable   doubt   as   to   degree  conyicts   only   of   lowest. 

§  1098.  Separate   trials. 

§  1099.  Discharging  defendant   that  he  may  be  a  witness. 

§  1100.  Same. 

§  1101.  Effect   of   such   discharge. 

§  1102.  Rules   of  eyidence   in   ciyil  applicable   to   criminal   cases. 

§  1103.  Evidence  on  trial   for  treason. 

§  1103a.  Perjury,    how   proved. 

§  1104.  Evidence  on  trial  for  conspiracy. 

§  1105.  When  burden   of  proof  shifts  in  trials   for  murder. 

§  1106.  Evidence   on   a   trial   for  bigamy. 

§  1107.  Evidence   upon   a   trial    for   forging   bank-bills,    etc. 

§  llOS.  Evidence   upon    trial   for   abortion   and   seduction. 

§  1109.  Evidence   on  a   trial   for  selling,    etc.,    lottery   tickets. 

§  1110.  Evidence  of  false  pretenses. 

§  1111.  Conviction    on    testimony    of   accomplice. 

§  1112.  Proceedings,  if  evidence  show  higher  offense  than  charged. 
(Repealed.) 

§  1113.  Discharge  jury   for  lack  of  jurisdiction,    etc. 

§  1114.  Proceedings,  if  jury  discharged  tor  want  of  jurisdiction  of  or- 
fense  committed   out  of  the  state. 

§  1115.  Proceedings  in  such  case,    when  offense  ccmmitted  in   the  state. 

§  1116.  Same. 

§  1117.  Proceedings,  if  jury  discharged  because  the  facts  do  not  con- 
stitute an  offense. 

§  1118.  When  evidence  on  either  side  is  closed,  court  may  advise  jury 
to    acquit. 

§  1119.  View   of  premises,    when   ordered,    and   how  conducted. 

§  1120.  Knowledge  of  juror  to  be  declared  in  court,  and  he  to  be  sworn 
as  a  witness. 

§  1121.  Jurors,   separation  of,   during  trial. 

§  1122.  Jury,    at   each  adjournment,    must  be  admonished,    etc. 

?  1123.  Juror  unable  to    perform   his   duties,    proceedings. 

§  1124.  Court  to  decide  questions  of  law  arising  during  trial. 

§  1125.  On   indictment   for  libel,   jury  to  determine   law   and   fact. 

§  1126.  In  all  other  cases  court  to  decide  questions  of  law. 

§  1127.  Charging    the   jury. 

§  1128.  Jury  may  decide  in  court,  or  retire  in  custody  of  ottlcers. 

§  1129.  Defendant    appearing   for   trial   may   be   committed. 

§  1130.  If  district  attorney  fails  to  attend,   court  may  appoint. 

§  1131.  Allegations  of  larceny  or  embezzlement,   when  sustained. 

§  1093.  Order  of  trial.  The  jury  having  been  impaneled 
and  sworn,  the  trial  must  proceed  in  the  following  order, 
unless  otherwise  directed  by  the  court: 


387  THE    TRIAL.  §  1093 

1.  If  the  indictment  or  information  be  for  felony,  the 
clerk  must  read  it,  and  state  the  plea  of  the  defendant  to 
the  jury,  and  in  cases  where  it  charges  a  previous  convic- 
tion, and  the  defendant  has  confessed  the  same,  the  clerk 
in  reading  it  shall  omit  therefrom  all  that  relates  to  such 
previous  conviction.  In  all  other  cases  this  formality  may 
be  dispensed  with. 

2.  The  district  attorney,  or  other  counsel  for  the  people, 
must  open  the  cause  and  offer  the  evidence  in  support  of 
the   charge. 

3.  The  defendant  or  his  counsel  may  then  open  the  de- 
fense, and  offer  his  evidence  in  support  thereof. 

4.  The  parties  may  then  respectively  offer  rebutting  tes- 
timony only,  unless  the  court,  for  good  reason,  in  further- 
ance of  justice,  permit  them  to  offer  evidence  upon  their 
original  case. 

5.  When  the  evidence  is  concluded,  unless  the  case  is 
submitted  to  the  jury  on  either  side,  or  on  both  sides, 
without  argument,  the  district  attorney,  or  other  counsel 
for  the  people,  and  counsel  for  the  defendant,  may  argue 
the  case  to  the  court  a^d  jury;  the  district  attorney,  or 
other  counsel  for  the  people,  opening  the  argument  and 
having   the   right   to    close. 

6.  The  judge  may  then  charge  the  jury,  and  must  do  so 
on  any  points  pertinent  to  the  issue,  if  requested  by  either 
party  J  and  he  may  state  the  testimony  and  declare  the 
law.  If  the  charge  be  not  given  in  writing,  it  must  be 
taken  down  by  the  phonographic  reporter.  En.  February 
14,   1872.     Am'd.   1873-4,  444;   1880,  21. 

Cal.  Eep.  Git.  45,  652;  46,  117;  53,  494;  55,  298;  57,  99; 
57,  317;  57,  560;  58,  269;  65,  297;  65,  298;  66,  456; 
66,  457;  73,  447;  73,  448;  73,  451;  73,  452;  73,  517; 
73,  549;  73,  550;  76,  282;  76,  348;  85,  570;  88,  141; 
103,  571;  105,  502;  110,  43;  116,  687;  131,  653.  Subd.  1— 
84,  450;  88,  117;  110,  43;  116,  686;  118,  390;  143,  601; 
145,  613.  Sflbd.  2—65,  127.  Subd.  3—76,  349.  Subd. 
5—76,  349.  Subd.  6—53,  575;  88,  175;  88,  177;  76, 
59;  118,  329. 
Crim.  Prac.  Act,  sec.  362.  En.  April  20,  1850.  Eep.  1851, 
290.    En.  1851,  212.     Am'd.  1854,  80;  1855,  275. 

Cal.  Eep.  Cit.  26,  79;  32,  43;  43,  153;  43,  349;  53,  573. 
Number  of  counsel:  Post,  sec.  1095. 


§§  1094-1097  THE   TRIAL.  388 

§  1094.     When   order   of  trial  may   be     departed     from. 

When  the  state  of  the  pleadings  requires  it,  or  in  any 
other  case,  for  good  reasons,  and  in  the  sound  discretion 
of  the  court,  the  order  prescribed  in  the  last  section  may 
departed  from.     En.  February  14,  1872. 

Cal.  Eep.  Cit.  85,  570;   103,  571. 

Grim.  Prac.  Act,  sec.  363.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212.     Am'd.  1854,  81. 

Cal.  Rep.   Cit.  43,   153. 

§  1095.     Number   of    counsel  who   may   argue   the     case. 

If  the  indictment  or  information  be  for  an  offense  punish- 
able with  death,  two  counsel  on  each  side  may  argue  the 
cause  to  the  jury.  If  it  be  for  any  other  offense,  the  court 
may,  in  its  discretion,  restrict  the  argument  to  one  coun- 
sel on  each  side.     En.  February  14,  1872.     Am'd.  1880,  21. 

Cal.  Eep.  Cit.  48,  238;  53,  567;  55,  298;  65,  127;  76,  348; 

123,  69, 
Crim.  Prac.  Act,  sec.  364.  En.  April  20,  1850.  Rep.  1851, 
290.  En.  1851,  212. 

Cal.  Eep.  Cit.  43,  152;  43,  153. 

The  order  of  argument  is  subject  to  the  discretion  of  the 
court:  See  ante,  sec.  1094. 

§  1096.    Defendant  presumed  innocent.    Reasonable  doubt. 

A  defendant  in  a  criminal  action  is  presumed  to  be  inno- 
cent until  the  contrary  is  proved,  and  in  case  of  a  reason- 
able doubt  whether  his  guilt  is  satisfactorily  shown,  he  is 
entitled  to  an  acquittal.     En.  February  14,  1872. 

Cal.   Eep.   Cit.   58,   268;    58,   269;    71,   8;    84,   33;   84,   456; 

122,  141;  135,  445. 
Crim.  Prac.  Act,  sec.  365.     En.  April  20,  1850.     Eep.  1851, 
290.    En.  1851,  212. 

Burden  of  proof,  when  shifts:   See  post,  sec.  1105. 

§  1097.  Reasonable  doubt  as  to  degree  convicts  only  of 
lowest.  When  it  appears  that  the  defendant  has  committed 
a  public  offense,  and  there  is  reasonable  ground  of  doubt 
in  which  of  two  or  more  degrees  he  is  guilty,  he  can  be  con- 
victed of  the  lowest  of  such  degrees  only.  En.  February 
14,  1872. 


3S9  THE    TRIAL.  §§   1098-1101 

Cal.  Eep.  Cit.  58,  2Q%;  58,  269;  68,  180;  71,  8;  118,  270. 
Grim.  Prac.  Act,  see.  366.     En.  April  20,  1850.     Eep.  1851, 
290.     En.  1851,  212. 

§  1098.  Separate  trials.  When  two  or  more  defendants 
are  jointly  charged  with  a  felony,  any  defendant  requiring 
it  must  be  tried  separately.  In  other  cases  the  defendants 
jointly  charged  may  be  tried  separately  or  jointly  in  the 
discretion  of  the  court.  En.  February  14  1872.  Am'd. 
1880,  22. 

Cal.  Rep.  Cit.  121,  162. 

Crim.  Prac.  Act,  sec.  367.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Cal.  Eep.  Cit.  8,  303. 

§  1099.     Discharging  defendant  that  he  may  be  a  witness. 

When  two  or  more  persons  are  included  in  the  same  charge, 
the  court  may,  at  any  time  before  the  defendants  have  gone 
into  their  defense,  on  the  application  of  the  district  at- 
torney, direct  any  defendant  to  be 'discharged,  that  he  may 
be  a  witness  for  the  people.  En.  February  14,  1872.  Am'd. 
1880,  22. 

Cal.  Rep.  Cit.  48,  253;  70,  55;  70,  56;  110,  611. 
Crim.  Prac.  Act,  sec,  368.     En.  April  20,  1850.     Rep.  1851, 
290.     En.  1851,  212. 

Cal.  Rep.  Cit.     24,  46;  24,  47;  24,  48;  24,  49;  44,  539. 
See  post,  sec.  1101. 

§  1100.  Same.  When  two  or  more  persons  are  included 
in  the  same  indictment  or  information,  and  the  court  is  of 
opinion  that  in  regard  to  a  particular  defendant  there  is  ■ 
not  sufficient  evidence  to  put  him  on  his  defense,  it  must 
order  him  to  be  discharged  before  the  evidence  is  closed, 
that  he  may  be  a  witness  for  his  codefcndant.  En.  Feb- 
ruary 14,  1872.     Am'd.  1880,  22. 

Cal.  Rep.  Cit.  70,  55;   70,  56. 

Crim.  Prac.  Act,  sec.  369.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  1101.  Effect  of  such  discharge.  The  order  mentioned 
in   the   last    two    sections   is    an    acquittal   of    the    defendant 


§§  1102-1103a  THE    TRIAL.  390 

discharged,    and   is    a    bar    to    anothey    prosecution   for    the 
same  offense.     En.  February  14,  1872. 

Cal.  Eep.  Cit.  48,  253;  70,  55. 

Crim.  Prac.  Act,  sec.  370.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Ca*!.  Rep.  Cit.     28,  48. 
Jeopardy:   Ante,  sec.  687. 

§  1102.  Rules  of  evidence  in  civil  applicable  to  criminal 
cases.  The  rules  of  evidence  in  civil  actions  are  applicable 
also  to  criminal  actions,,  except  as  otherwise  provided  in 
this  code.     En.  February  14,  1872. 

Cal.  Eep.  Cit.  57,  568;  57,  573;  58,  214;  64,  259;  98,  131; 
104,  487;  120,  666;  132,  201;  132,  263;  142,  294. 

Evidence  in  civil  cases:   Code  Civ.  Proc,  pt.  IV. 

Reporter's  notes  as  evidence:  See  Code  Civ.  Proc,  sec. 
273. 

Act  authorizing  appointment  of  interpreter:  See  post.  Ap- 
pendix, title  Interpreters. 

§  1103.  Evidence  on  trial  for  treason.  Upon  a  trial  for 
treason,  the  defendant  cannot  be  convicted  unless  upon 
the  testimony  of  two  witnesses  to  the  same  overt  act,  or 
upon  confession  in  open  court;  nor  can  evidence  be  ad- 
mitted of  an  overt  act  not  expressly  charged  in  the  in- 
dictment or  information;  nor  can  the  defendant  be  con- 
victed unless  one  or  more  overt  acts  be  expressly  alleged 
therein.     En.   February   14,    1872.     Am'd.    1880,  22. 

Cal.  Rep.  Cit.  68,   180. 

Crim.  Prac.  Act,  sec.  371.  En.  April  20,  1850.  Rep.  1851, 
•290.    En.  1851,  212. 

Crim.  Prac.  Act,  see.  372.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,  212. 

Treason:  Const.  U.  S.,  art.  Ill,  sec.  3,subd.  1;  Const.  Cal., 
art.  I,  sec.  20;  Code  Civ.  Proc,  sec  1968. 

§  1103a.  Perjury,  how  proved.  Perjury  must  be  proved 
by  the  testimony  of  two  witnesses,  or  of  one  witness  and 
corroborating   circumstances.     En.   Stats.    1905,    696. 

This    section    is    compose'l    of    matter    taken    from    section    1968    of    the 
Code   of   Civil    Procedure. — Code    Commissioner's    Note. 


391  THE    TRIAL.  .  §§  1104-1107 

§  1104.  Evidence  on  trial  for  conspiracy.  Upon  a  trial 
for  conspiracy,  in  a  case  where  an  overt  act  is  necessary 
to  constitute  the  offense,  the  defendant  cannot  be  con- 
victed unless  one  or  more  overt  acts  are  expressly  alleged 
in  the  indictment  or  information,  nor  unless  one  of  the 
acts  alleged  is  proved;  but  other  overt  acts  not  alleged 
may  be  given  in  evidence.  En.  February  14,  1872.  Am'd. 
1880,  22. 

Cal.  Eep.  Cit.  68,  180. 

Crim.  Prac.  Act,  sec.  373.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851.  212. 

§  1105.  When  burden  of  proof  shifts  in  trials  for  mur- 
der. Upon  a  trial  for  murder,  the  commission  of  the  homi- 
cide by  the  defendant  being  proved,  the  burden  of  proving 
circumstances  of  mitigation,  or  that  justify  or  excuse '  it, 
devolves  upon  him,  unless  the  proof  on  the  part  of  the 
prosecution  tends  to  show  that  the  crime  committed  only 
amounts  to  manslaughter,  or  that  the  defendant  was  justi- 
fiable or  excusable.     En.  February  14,  1872. 

Cal.   Eep.   Cit.   49,   7;    49,    611;    58,   251;    61,   394;  61,   395; 

61,   396;   61,  528;   61,  529;   65,   103;   67,  428;  69,  604; 

71,   4;    71,    7;    71,   8;    71,   9;    80,  45;    80,   163;  80,   304; 

83,  382;    86,   146;    86,   149;    86,   227;   88,   239;  88,   423; 

88,  424;  89,  499;  89,  500;  93,  443;  94,  47;  98,  653; 
104,  378;  105,  34;  115,  246;  118,  271;  122,  178;  128,  95; 
131,  655;   137,  582. 

§  1106.  Evidence  on  a  trial  for  bigamy.  Upon  a  trial 
for  bigamy,  it  is  not  necessary  to  prove  either  of  the  mar- 
riages by  the  register,  certificate,  or  other  record  evidence 
thereof,  but  the  same  may  be  proved  by  such  evidence 
as  is  admissible  to  prove  a  marriage  in  other  cases;  and 
when  the  second  marriage  took  place  out  of  this  state, 
proof  of  that  fact,  accompanied  with  proof  of  cohabitation 
thereafter  in  this  state,  is  sufficient  to  sustain  the  charge. 
En.  February  14,  1872. 

Cal.  Eep.  Cit.  71,  265;  99,  289;  130,  489. 

Bigamy   defined:    Ante,   sec.   281. 

§  1107.    Evidence  upon  a  trial  for  forging  bank-bills,  etc. 

Ui)on  a  trial  for  forging  any   bill  or  note  purporting  to  be 
the   bill    or    note    of    an    incorporated    company      or      bank, 


§§  llOS-niO  .  THE   TRIAL.  392 

or  for  passing,  or  attempting  to  pass,  or  having  in  posses- 
sion with  intent  to  pass,  any  such  forged  bill  or  note,  it  is 
not  necessary  to  prove  the  incorporation  of  such  bank  or 
company  by  the  charter  or  act  of  incorporation,  but  it  may 
be  proved  by  general  reputation;  and  persons  of  skill  are 
competent  witnesses  to  prove  that  such  bill  or  note  is  forged 
or  counterfeited.     En.  February  14,  1872. 

Forgery  and  counterfeiting:  See  ante,  sec.  470. 

§  1108.  Evidence  upon  trial  for  abortion  and  seduction. 
Upon  a  trial  for  procuring  or  attempting  to  procure  an 
abortion,  or  aiding  or  assisting  therein,  or  for  inveigling, 
enticing,  or  taking  away  an  unmarried  female  of  previous 
chaste  character,  under  the  age  of  eighteen  years,  for 
the  purpose  of  prostitution,  or  aiding  or  assisting  therein, 
the  defendant  cannot  be  convicted  upon  the  testimony  of 
the  woman  upon  or  with  whom  the  offense  was  committed, 
unless  she  is  corroborated  by  other  evidence.  En.  Febru- 
ary 14,  1872.    Am'd.  1905,  696. 

The  amendment  consists  in  the  substitution  of  the  word  "eighteen" 
for  "twenty-flve."  The  purpose  is  to  conform  the  section  to  the 
provisions  of   section   266. — Code   Commissioner's  Note. 

Cal.  Eep.  Cit.  68,  180;  118,  674. 

§  1109.  Evidence  on  a  trial  for  selling,  etc.,  lottery  tick- 
ets. Upon  a  trial  for  the  violation  of  any  of  the  provisions 
of  chapter  nine,  title  nine,  part  one  of  this  code,  it  is  not 
necessary  to  prove  the  existence  of  any  lottery  in  which 
any  lottery  ticket  purports  to  have  been  issued,  or  to 
prove  the  actual  signing  of  any  such  ticket  or  share,  or 
pretended  ticket  or  share,  of  any  pretended  lottery,  nor 
that  any  lottery  ticket,  share,  or  interest  was  signed  or 
issued  by  the  authority  of  any  manager,  or  of  any  person 
assuming  to  have  authority  as  manager;  bixt  in  all  cases 
proof  of  the  sale,  furnishing,  bartering,  or  procuring  of 
any  ticket,  share,  or  interest  therein,  or  of  any  instrument 
purporting  to  be  a  ticket,  or  part  or  share  of  any  such 
ticket,  is  evidence  that  such  share  or  interest  was  signed 
and  issued  according  to  the  purport  thereof.  En.  February 
14,   1872. 

For  chapter  IX,  title  IX,  part  I,  above  referred  to,  see 
ante,  sees.   319,  et  seq. 

§  1110.  Evidence  of  false  pretenses.  Upon  a  trial  for 
having,  with  an  intent  to  cheat  or  defraud  another  design- 


393  THE    TRIAL.  §  1111 

edly,  by  any  false  pretense,  obtained  the  signature  of  any 
person  to  a  written  instrument,  or  having  obtained  from  any 
person  any  labor,  money,  or  property,  whether  real  or  per- 
sonal, or  valuable  thing,  the  defendant  cannot  be  convicted 
if  the  false  pretense  was  expressed  in  language  unaccom- 
panied by  a  false  token  or  writing,  unless  the  pretense,  or 
some  note  or  memorandum  thereof  is  in  writing,  subscribed 
by  or  in  the  handwriting  of  the  defendant,  or  unless  the 
pretense  is  proven  by  the  testimony  of  two  witnesses,  or 
that  of  one  witness  and  corroborating  circumstances;  but 
this  section  does  not  apply  to  a  prosecution  for  falsely 
representing  or  personating  another,  and,  in  such  assumed 
character,  marrying,  or  receiving  any  money  or  property. 
En.  February  14,  1872.     Am'd.  1905,  696. 

The  amenflment  consists  in  the  insertion  of  the  word  "labor"  before 
"money,"  and  in  the  substitution  of  the  words  "or  property,  whether 
real  or  personal,"  in  place  of  "personal  property,"  thus  conforming 
the  section  to  the  amendment  to  section  532. — Code  Commissioner's 
Note. 

Cal.  Eep.  Cit.  68,  180;  70,  118;  98,  663;  102,  564;  127,  207; 
135,   272. 

Crim.  Prac.  Act,  sec.  376.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212.     AmM.  1862,  53. 

§  1111.  Conviction  on  testimony  of  accomplice.  A  con- 
viction cannot  be  had  on  the  testimony  of  an  acomplice, 
unless  he  is  corroborated  by  other  evidence  which  in  itself, 
and  without  the  aid  of  the  testimony  of  the  accomplice, 
tends  to  connect  the  defendant  with  the  commission  of  the 
offense;  and  the  corroboration  is  not  sufficient,  if  it  merely 
shows  the  commission  of  the  offense,  or  the  circumstances 
thereof.     En.   February    14,   1872. 

Cal.  Rep.  Cit.  49,  630;  50,  450;  50,  481;  53,  602;  53,  607 
65,  307;  68,  180;  69,  13;  71,  19;  72,  460;  72,  461 
73,  348;  73,  349;  73,  350;  73,  351;  73,  353;  84,  481 
89,  498;  96,  181;  98,  218;  98,  280;  99,  576;  111,  14 
111,  15;  114,  573;  114,  634;  121,  557;  122,  502;  123,  406 
123,  411;  134,  310;  135,  272;  138,  341;  139,  720 
139,  727;  141,  232;  143,  265;  144,  472. 

Crim.  Prac.  Act,  sec.  375.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Cal.  Eep.  Cit.  39,  404. 


§§  1112-1115  THE   TRIAL.  3»4 

§  1112.  Proceedings,  if  evidence  show  higher  offense 
than  charged.  (Repealed.)  En.  February  14,  1872.  Rep. 
1880,  6. 

Grim.  Prac.  Act,  sec.  379.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,   212. 

Grim.  Prac.  Act,  see.  380.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,  212. 

§  1113.     Discharge  jury  for  lack  of  jurisdiction,  etc.     The 

court  may  direct  the  jury  to  be  discharged,  where  it  ap- 
pears that  it  has  not  jurisdiction  of  the  offense,  or  that 
the  facts  charged  do  not  constitute  an  offense  punishable 
by   law.     En.   February   14,    1872.     Am'd.   1880,   22. 

Grim.  Prac.  Act,  sec.  381.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Juiisdiction  generally:  See  ante,  sees.  777  et  seq. 

§  1114.  Proceedings,  if  jury  discharged  for  want  of  ju- 
risdiction of  offense  committed  out  of  the  state.  If  the 
jury  be  discharged  because  the  court  has  not  jurisdiction 
of  the  offense  charged,  and  it  appear  that  it  was  committed 
out  of  the  jurisdiction  of  this  state,  the  defendant  must 
be  discharged.     En.  February  14,  1872.     Am'd.  1880,  22. 

Grim.  Prac.  Act,  sec.  382.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Gal.  Rep.  Git.  27,  342. 

Grime  committed  out  of  state:   Ante  sec.  27,  subd.  3. 
.Jurisdiction:  See  ante,  sees.  778,  793,  794. 

§  1115.  Proceedings  in  such  case,  when  offense  committed 
in  the  state.  If  the  offense  was  committed  within  the  e!xclu- 
sive  jurisdiction  of  another  county  of  this  state,  the  court 
must  direct  the  defendant  to  be  committed  for  such  time  as 
it  deems  reasonable,  to  await  a  warrant  from  the  proper 
county  for  his  arrest;  or  if  the  offense  is  a  misdemeanor 
only,  it  may  admit  him  to  bail  in  an  undertaking,  with  suffi- 
cient sureties,  that  he  will,  within  such  time  as  the  court 
may  appoint,  render  himself  amenable  to  a  warrant  for  his 
arrest  from  the  proper  county;  and,  if  not  sooner  arrested 
thereon,  will  attend  at  the  office  of  the  sheriff  of  the  county 
where  the  trial  was  had,  at  a  certain  time  particularly 
specified  in  the  undertaking,  to  surrender  himself  upon  the 
warrant,  if  issued,  or  that  his  bail  will  forfeit  such  sum  as 
the  court  may  fix,  to  be  mentioned  in  the  undertaking;  and 
the   clerk   must  forthwith   transmit   a   certified   copy  of   the 


395  THE   TRIAL.  §§  1116-1117 

indictment  or  information,  and  of  all  the  papers  filed  in  the 
action,  to  the  district  attorney  of  the  proper  county,  the  ex- 
pense of  which  transmission  is  chargeable  to  that  county. 
En.  February  14,  1872.     Am'd.  1880,  22. 

Crim.  Prac.  Act,  sec.  383.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851.  212. 

Cal.  Kep.  Cit.  27,  342. 

Crim.  Prac.  Act,  sec.  384.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,   212. 

§  1116.  Same.  If  the  defendant  is  not  arrested  on  a 
warrant  from  the  proper  county,  as  provided  in  section 
one  thousand  one  hundred  and  fifteen,  he  must  be  dis- 
charged from  custody,  or  his  bail  in  the  action  is  exon- 
erated, or  money  deposited  instead  of  bail  must  be  re- 
funded, as  the  case  may  be,  and  the  sureties  in  the  under- 
taking, as  mentioned  in  that  section,  must  be  discharged. 
If  he  is  arrested,  the  same-  proceedings  must  be  had  thereon 
as  upon  the  arrest  of  a  defendant  in  another  county  on  a 
warrant  of  arrest  issued  by  a  magistrate.  En.  February  14, 
1872. 

Crim.  Prac.  Act,  sec.  385.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851.  212. 

Crim.  Prac.  Act,  sec.  386.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851.  212. 

Cal.   Eep.   Cit.   1,   385. 

§  1117.  jr'roceedings,  if  jury  discharged  because  the 
facts  do  not  constitute  an  offense.  If  the  jury  is  discharged 
because  the  facts  as  charged  do  not  constitute  an  offense 
punishable  by  law,  the  court  must  order  that  the  defend- 
ant, if  in  custody,  be  discharged;  or  if  admitted  to  bail, 
that  his  bail  be  exonerated;  or  if  he  has  deposited  money 
instead  of  bail,  that  the  money  be  refunded  to  him,  unless 
in  its  opinion  a  new  indictment  or  information  can  be 
framed  upon  which  the  defendant  can  be  legally  con- 
victed, in  which  case  it  may  direct  the  district  attorney 
to  file  a  new  information,  or  (if  the  defendant  has  not 
been  committed  by  a  magistrate)  direct  that  the  case  be 
submitted  to  the  same  or  another  grand  jury;  and  the 
same  proceedings  must  be  had  thereon  as  are  prescribed  in 
section  nine  hundred  and  ninety-eight;  provided,  that  after 
such   order  or   submission   the   defendant   may  be   examined 


§§  1118-1120  THE    TRIAL.  396 

before   a  magistrate,   and   discharged   or   committed  by   him 
as  in  other  cases.     En.  February  14,  1872.     Am'd.  1880,  23. 

Cal.  Eep.  Cit.   64,  263;    118,   27. 

Crim.  Prac.  Act,  sec.  387.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Crim.  Prac.  Act,  sec.  388.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1118.  When  evidence  on  either  side  is  closed,  court 
may  advise  jury  to  acctuit.  If,  at  any  time  after  the  evi- 
dence on  either  side  is  closed,  the  court  deems  it  insuf- 
ficient to  warrant  a  conviction,  it  may  advise  the  jury  to 
acquit  the  defendant.  But  the  jury  are  not  bound  by  the 
advice.     En.  February  14,  1872. 

Cal.  Eep.  Cit.  70,  18;  97,  401;   105,  266;  114,  68;   118,  28; 

124,    553;    132,    501;    143,    691;    143,    693;    143,    694; 

143,  695;  143,  696;  143,  698;   145,  739. 
Crim.  Prac.  Act,  sec.  389.     En.  April  20,  1850.     Eep.  1851, 
290.     En.  1851,  212. 

§  1119.  View  of  premises,  when  ordered,  and  how  con- 
ducted. When,  in  the  opinion  of  the  court,  it  is  proper 
that  the  jury  should  view  the  place  in  which  the  offense 
is  charged  to  have  been  committed,  or  in  which  an,y  other 
material  fact  occurred,  it  may  order  the  jury  to  be  con- 
ducted in  a  body,  in  the  custody  of  the  sheriff,  to  the 
.  place,  which  must  be  shown  to  them  by  a  person  appointed 
by  the  court  for  that  purpose;  and  the  sheriff  must  be 
sworn  to  suffer  no  person  to  speak  or  communicate  with  the 
jury,  nor  to  do  so  himself,  on  any  subject  connected  with 
the  trial,  and  to  return  them  into  court  without  unnecessary 
delay,   or  at  a  specified  time.     En.  February  14,   1872. 

Cal.  Eep.  Cit.  53,  61;   68,  625;   68,  626;   68,   630;    68,  633; 

68,  635;  71,  606;  80,  539;   122,  183;  137,  548. 
Crim.  Prac.  Act,  sec.  390.     En.  April  20,  1850.     Eep.  1851, 
290.     En.  1851,  212. 

§  1120.  Knowledge  of  juror  to  be  declared  in  court,  and 
he  to  be  sworn  as  a  witness.  If  a  juror  has  any  personal 
knowledge  respecting  a  fact  in  controversy  in  a  cause,  he 
must  declare  the  same  in  open  court  during  the  trial.  If, 
during  the  retirement  of  the  jury,  a  juror  declare  a  fact 
which  could  be  evidence  in  the  cause,  as  of  his  own  knowl- 


397  THE    TRIAL.  §§  1121-1123 

edge,  the  jury  must  return  into  court.  In  either  of  these 
cases,  the  juror  making  the  statement  must  be  sworn  as  a 
witness  and  examined  in  the  presence  of  the  parties.  En. 
February  14,  1872. 

Crim.  Prac.  Act,  sec.  392.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1121.  Jurors,  separation  of,  during  trial.  The  jurors 
sworn  to  try  an  action  may,  at  any  time  before  the  sub- 
mission of  the  cause  to  the  jury,  in  the  discretion  of  the 
court,  be  permitted  to  separate  or  be  kept  in  charge  of  a 
proper  officer.  The  officer  must  be  sworn  to  keep  the 
jurors  together  until  the  next  meeting  of  the  court,  to 
suffer  no  person  to  speak  to  them  or  communicate  with 
them,  nor  to  do  so  himself,  on  any  subject  connected  with 
the  trial,  and  to  return  them  into  court  at  the  next  meeting 
thereof.     En.  February  14,  1872.     Am'd.  1880,  23. 

Cal.  Eep.  Cit.  96,  179;  116,  297;  117,  657;  122,  139. 
Crim  Prac.  Act,  sec.  393.     En.  April  20,  1850.     Eep.  1851, 
290.     En.  1851,  212. 
Cal.  Eep.  Cit.  32,  43. 

§  1122.     Jury,  at  each  adjournment,  must  be  admonished, 

etc.  The  jury  must  also,  at  each  adjournment  of  the 
court,  whether  permitted  to  separate  or  kept  in  charge  of 
officers,  be  admonished  by  the  court  that  it  is  their  duty 
not  to  converse  among  themselves  or  with  any  one  else 
on  any  subject  connected  with  the  trial,  or  to  form  or  ex- 
press any  opinion  thereon  until  the  cause  is  finally  submitted 
to    them.     En.   February    14,    1872. 

Cal.  Eep.  Cit.  84,  606;   116,  297;   117,  657. 
Crim.  Prac.  Act,  sec.  394.     En.  April  20,  1850.     Eep.  1851, 
290.     En.  1851,  212. 

§  1123.    Juror  unable  to  perform  his  duties,  proceedings.. 

If,  before  the  conclusion  of  the  trial,  a  juror  becomes  sick, 
so  as  to  be  unable  to  perform  his  duty,  the  court  may  order 
him  to.  be  discharged.  In  that  case  a  new  juror  may  be 
sworn  and  the  trial  begin  anew,  or  the  jury  may  be  dis- 
charged and  a  new  jury  then  or  afterwards  impaneled.  En. 
February  14,  1872. 

Cal.  Eep.  Cit.  64,  61;  72,  492;  96,  128;  119,  332;  135,  463; 
135,  465. 


§§   1124-1127  THE    TRIAL.  3JS 

Grim.  Prac.  Act,  sec.  395.  En.  April  20,  1850.  Kep.  1851, 
290.     En.  1851,  212. 

Discharge  of  jury:   See  post,  sec.  1139. 

§  1124.  Court  to  decide  questions  of  law  arising  during 
trial.  The  court  must  decide  all  questions  of  law  which 
arise  in  the  course  of  a  trial.     En.  Februarj^  14,  1872. 

Grim.  Prac.  Act,  see.  396.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1125.  On  indictment  for  libel,  jury  to  determine  law 
and  fact.  On  a  trial  for  libel,  the  jury  has  the  right  to  de- 
termine the  law  and  the  fact.  En.  February  14,  1872.  Am'd. 
1880,  23. 

Grim.  Prac.  Act,  sec.  397.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Same  principle:   Const.   1879,  art.  I,  sec.  9. 

§  1126.  In  all  other  cases  court  to  decide  questions  of  law. 
On  a  trial  for  any  other  offense  than  libel,  questions  of  law 
are  to  be  decided  by  the  court,  questions  of  fact  by  the  jury; 
and,  although  the  jury  have  the  power  to  find  a  general  ver- 
dict, which  includes  questions  of  law  as  well  as  of  fact,  they 
are  bound,  nevertheless,  to  receive  as  law  what  is  laid  down 
as  such  by  the  court.  En.  February  14,  1872.  Am'd.  1880, 
23. 

Gal.  Eep.  Git.  113,  572. 

Grim.  Prac.  Act,  sec.  398.  En.  April  20,  1850.  Eep.  1851, 
290.  En.  1851,  212. 

In  libel:  See  Const.  Gal.  1879,  art.  I,  sec.  9.  See  ante,  sec. 
1102. 

§  1127.  Charging  the  jury.  In  charging  the  jury  the 
court  must  state  to  them  all  matters  of  law  necessary  for  their 
information.  All  instructions  given  (except  such  as  might 
incidentally  be  given  during  the  admission  of  evidence)  shall 
be  in  writing,  unless  both  parties  request  the  giving  of  an 


399  THE   TRIAL.  §  1128 

oral  instruction,  or  consent  thereto,  and  when  so  given  orally, 
aJl  instructions  must  be  taken  down  by  the  phonographic  re- 
porter. Either  party  may  present  to  the  court  any  written 
charge,  and  request  that  it  be  given.  If  the  court  thinks 
it  correct  and  pertinent,  it  must  be  given;  if  not,  it  must  be 
refused.  Upon  each  charge  presented  and  given  or  refused, 
the  court  must  indorse  and  sign  its  decision.  If  part  be 
given  and  part  refvised,  the  court  must  distinguish,  showing 
by  the  indorsement  what  part  of  the  charge  was  given  and 
what  part  refused.     En.  February  14,  1872.  Am 'd.  1897,  184. 

Cal.   Rep.   Cit.     58,   252;    69,   237;    77,   181;    78,  2;    93,  660; 
105,     672;   114,    557;   127,     547;    131,     653;    135,    445;  _ 
139,  11. 

Crim.  Prac.  Act,  sec.  399.  En.  April  20,  1850.  Rep.  1851, 
290.  En.  1851,  212. 

Cal.  Rep.  Cit.  32,  43. 

Crim.  Prac.  Act,  sec.  400.  En.  April  20,  1850.  Rep.  1851, 
290.  En.  1851,  212. 

Cal.  Rep.  Cit.  44,  599. 

Crim.  Prac.  Act,  sec.  401.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,  212. 

Cal.  Rep    Cit.  44,  599. 
Instructions:    See  ante,  sec.  1093. 

Charging  jurors  upon  questions  of  fact:  Ante,  sec.  1093, 
subd.  6. 

Oral  instructions:   Ante,  sec.   1093,  subd.  6. 
Presumption  of  innocence:     Ante,  sec.  1096. 

§  1128.  Jury  may  decide  in  court,  or  retire  in  custody  of 
officers.  After  hearing  the  charge,  the  jury  may  either  de- 
cide in  court  or  may  retire  for  deliberation.  If  they  do  not 
agree  without  retiring,  an  officer  must  be  sworn  to  keep  them 
together  in  some  private  and  convenient  place,  and  not  to 
permit  any  person  to  speak  to  or  communicate  with  them, 
nor  to  do  so  himself,  unless  by  order  of  the  court,  or  to  ask 
them  whether  they  have  agreed  upon  a  verdict,  and  to  re- 


§§   1129-1131  THE   TRIAL.  400 

turn  them  into  court  when  they  have  so  agreed,  or  when 
ordered  by  the  court.     En.  February  14,  1872. 

Cal.  Kep.  Cit.     Ill,  85;   143,  210;   143,  212. 

Crim.  Prac.  Act,  sec.  402.  En.  April  20,  1850.  Kep.  1851, 
290.     En.  1851,  212. 

Cal.   Eep.  Cit.     21,  338. 

Oath  of  officer  in  charge  of  jury:     See  post,  sec.  1440. 

§  1129.  Defendant  appearing  for  trial  may  be  committed. 
When  a  defendant  who  has  given  bail  appears  for  trial,  the 
court  may,  in  its  discretion,  at  any  time  after  his  appear- 
ance for  trial,  order  him  to  be  committed  to  the  custody  of 
the  proper  officer  of  the  county,  to  abide  the  judgment  or 
further  order  of  the  court,  and  he  must  be  committed  and 
held  in  cusTody  accordingly.     En.  February  14,  1872. 

Cal.  Eep.  Cit.  59,  676. 

Crim.  Prac.  Act,  sec.  403.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1130.  If  district  attorney  falls  to  attend,  court  may 
appoint.  If  the  district  attorney  fails  to  attend  at  the  trial, 
the  court  must  appoint  some  attorney  at  law  to  perform  the 
duties  of  the  district  attorney  on  such  trial.  En.  February 
14,  1872. 

Cal.  Eep.  Cit.     98,  142;   135,  414;   135,  415. 

District  attorney,  duties  of.    Pol.  Code,  sees.  4256-4258. 

Argument:     Ante,  sec.  1093,  subd.  5. 

Number  of  counsel:     Ante,  sec.  1095. 

Order  of  argument:  Ante,  sec.  1093,  subd.  5. 

§  1131.  Allegations  of  larceny  or  embezzlement,  when 
sustained.  Upon  a  trial  for  larceny  or  embezzlement  of 
money,  bank-notes,  certificates  of  stock,  or  valuable  securi- 
ties, the  allegation  of  the  indictment  or  information,  so  far  as 
regards  the  description  of  the  property,  is  sustained,  if  the  of- 
fender be  proved  to  have  embezzled  or  stolen  any  money, 
bank-notes,    certificates    of    stock,    or    valuable    security,    al- 


401  CONDUCT    OP    THE    JURY.  §  1185 

though  the  particular  species  of  coin  or  other  money,  or  the 
number,  denomination,  or  kind  of  bank-notes,  certificates  of 
stock,  or  valuable  security,  be  not  proved;  and  upon  a  trial 
for  embezzlement,  if  the  offender  be  proved  to  have  embez- 
zled any  piece  of  coin  or  other  money,  any  bank-note,  certifi- 
cate of  stock,  or  valuable  security,  although  such  piece  of 
coin  or  other  money,  or  such  bank-note,  certificate  of  stock, 
or  valuable  security,  may  have  been  delivered  to  him  in  or- 
der that  some  part  of  the  value  thereof  should  be  returned 
to  the  party  delivering  the  same,  and  such  part  shall  have 
been  returned  accordingly.  En.  Stats.  1873-4,  445.  Am'd. 
1880,  24. 

Cal.  Eep.  Cit.     56,  80;  66,  277;  69,  237;  108,  541. 


CHAPTER   III. 

CONDUCT  OF  THE   JURY  AFTER  THE   CAUSE   IS   SUBMITTED   TO 
THEM. 

§  1135.  Room,   etc.,    for  jury  after  retirement. 

§  11.3().  Juries  to   be   supplied  with   lood   and   lodging. 

§   ll';7.  What   papers  the  jury  may  take  with  them. 

§  ll.'iS.  After   retirement,    may    return    into   court   for   information. 

§  1139.  If  juror   after   retirement   becomes  sick,    etc. 

§  1140.  Not    to   be    discharge-d    unless   there    is    no    probability    that    they 

can   agree. 

§  1141.  When    discharged    without   verdict,    cause*  to   be   again   tried. 

S  1142.  Court  may  adjourn  during  absence,  but  deemed  open. 

§  1143.  Fees   of  jurors.     Payment  of  same. 

§  1135.  Room,  etc.,  for  jury  after  retirement.  A  room 
must  be  provided  by  the  supervisors  of  each  county  for  the 
use  of  the  jury,  upon  their  retiretnent  for  deliberation,  with 
suitable  furniture,  fuel,  lights,  and  stationery.  If  the  super- 
visors neglect,  the  court  may  order  the  sheriff  to  do  so,  and 
the  expenses  incurred  by  him  in  carrying  the  order  into  ef- 
fect, when  certified  by  the  court,  arc  a  county  charge.  En, 
February  14,  1872. 

Cal.  Kep.  Cit.     14.3,  210. 
Pen.  Code— 26 


§§  1136-1138  CONDUCT   OF   THE    JURY.  «)2 

Crim.  Prac.  Act,  sec.  404.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212.     Am'd.  1863,  160. 

Jury  expenses.     See  Pol.  Code,  sec.  4344,  subd.  3. 

§  1136.    Juries    to    he    supplied  with  food  and  lodging. 

While  the  jury  are  kept  together,  either  during  the  prog- 
ress of  the  trial  or  after  their  retirement  for  deliberation, 
the  court  must  direct  the  sheriff  to  provide  the  jury 
with  suitable  and  sufficient  food  and  lodging,  or  other 
reasonable  necessities.  And  the  auditor,  upon  the  order 
of  the  court,  shall  draw  his  warrant  for  the  expenses  so 
incurred,  and  the  same  shall  be  paid  br  the  treasurer  of 
the  county,  or  city  and  county,  out  of  the  general  fund. 
En.  February  14,   1872.     Am'd.  1901,  654. 

Cal.  Eep.  Cit.  61,  186;  61,  188;  78,  338;   111,  85;  143,  210. 

Crim.  Prac.  Act,  sec.  405.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1137.  What  papers  the  jury  may  take  with  them. 
Upon  retiring  for  deliberation,  the  jury  may  take  with 
them  ail  papers  (except  depositions)  which  have  been  re- 
ceived as  evidence  in  the  cause,  or  copies  of  such  public 
records  or  private  documents  given  in  evidence  as  ought 
not,  in  the  opinion  of  the  court,  to  be  taken  from  the  per- 
son having  them  in  possession.  They  may  also  take  with 
them  the  written  instructions  given,  and  notes  of  the  tes- 
timony or  other  proceedings  on  the  trial,  taken  by  them- 
selves, or  any  of  them,  but  none_  taken  by  any  other  person. 
En.  February  14,   1872. 

Cal.  Eep.  Cit.  61,  551;  61,  553;  74,  485;  120,  111;  146,  481; 
146,  482. 

Crim.  Prac.  Act,  sec.  406.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Crim.  Prac.  Act,  sec.  407.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,,  212. 

§  1138.  After  retirement,  may  return  into  court  for  in- 
formation.    After  the  jury  have  retired  for  deliberation,  if 


403  CONDUCT   OF  THE   JURY.  §§  1139-1141 

there  be  any  disagreement  between  them  as  to  the  testi- 
mony, or  ii  they  desire  to  be  informed  on  any  point  of 
law  arising  in  the  cause,  they  must  require  the  officer  to 
conduct  them  into  court.  Upon  being  brought  into  court, 
the  information  required  must  be  given  in  the  presence 
of,  or  after  notice  to,  the  district  attorney,  and  the  de- 
fendant or  his  counsel,  or  after  they  have  been  called.  En. 
February   14,   1872.     Am'd.    1873-4,  445. 

Cal.  Eep.   Cit.  53,  575;   65,  569;   111,  85. 

Crim.  Prac.  Act,  sec.  408.  En.  April  20,  1850.  Rep.  1851, 
290.  En.  1851,  212. 

Cal.  Eep.  Cit.  29,  627;  29,  629;  37,  276. 

§  1139.     If  juror  after  retirement  becomes  sick,  etc.     If, 

after  the  retirement  of  the  jury,  one  of  them  be  taken 
so  sick  as  to  prevent  the  continuance  of  his  duty,  or  any 
other  accident  or  cause  occur  to  prevent  their  being  kept 
for  deliberation,  the  jury  may  be  discharged.  En.  February 
14,  1872. 

Crim.  Prac.  Act,  sec.  409.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Discharge  of  jury:   See  ante,  see.  1123. 

§  1140.  Not  to  be  discharged  unless  there  is  no  prob- 
ability that  they  can  agree.  Except  as  provided  in  the 
last  section,  the  jury  cannot  be  discharged  after  the  cause 
is  submitted  to  them  until  they  have  agreed  upon  their 
verdict  and  rendered  it  in  open  court,  unless  by  consent 
of  both  parties,  entered  upon  the  minutes,  or  unless,  at  the 
expiration  of  such  time  as  the  court  may  deem  proper,  it 
satisfactorily  appears  that  there  is  no  reasonable  prob- 
ability that  the  jury  can  agree.     En.  February  14,  1872. 

Cal.  Rep.  Cit.  76,  59;  97,  401;  100,  142. 

Crim.  Prac.  Act,  sec.  410.  En.  April  20,  1850.  Rep.  1851, 
2af).     En.   1851,  212. 

§  1141.  When  discharged  without  verdict,  cause  to  be 
again   tried.      In   all    cases   where    a   jury   is    discharged   or 

14 


§§  1142-1143  CONDUCT  OF  THE  JURY.  404 

prevented  from  giving  a  verdict  by  reason  of  an  accident 
or  other  cause,  except  where  the  defendant  is  discharged 
during  the  progress  of  the  trial,  or  after  the  cause  is  sub- 
mitted to  them,  the  cause  may  be  again  tried.  En.  Febru- 
ary 14,  1872.     Am'd.  1880,  24. 

Grim.  Prac.  Act,  sec.  411.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

New  trial:   See  post,  sec.  1181. 

Jeopardy:  See  ante,  sec.  687. 

§  1142.  Court  may  adjourn  during  absence,  but  deemed 
open.  "While  the  jury  are  absent,  the  court  may  adjourn 
from  time  to  time,  as  to  other  business,  but  it  must  never- 
theless be  open  for  every  purpose  connected  with  the 
cause  submitted  to  the  jury  until  a  verdict  is  rendered  or 
the   jury   discharged.     En.   February   12,   1872. 

Gal.  Eep.  Git.  65,  621. 

Grim.  Prac.  Act,  sec.  412.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  1143.  Fees  of  jurors.  Payment  of  same.  The  fees  of 
jurors  in  the  superior  courts  of  the  state,  in  criminal  cases, 
shall  be  two  dollars,  in  lawful  money  of  the  United  States, 
for  each  day's  attendance,  and  mileage,  to  be  computed 
at  the  rate  of  fifteen  cents  per  mile  for  each  mile  neces- 
sarily traveled  in  attending  court,  in  going  only.  Such 
fees  and  mileage  shall  be  paid  by  the  treasurer  of  the 
county,  or  city  and  county,  in  which  the  juror's  services 
were  rendered,  out  of  the  general  fund  of  said  county,  or 
city  and  county,  upon  warrants  drawn  by  the  county  auditor 
upon  the  written  order  of  the  judge  of  the  court  in  which 
said  juror  was  in  attendance,  and  the  treasurer  of  said 
county,  or  city  and  county,  shall  pay  said  warants.  The 
board  of  supervisors  of  each  county,  or  city  and  county,  is 
hereby  directed  to  make  suitable  appropriation  for  the  pay- 


405  THE    VERDICT.  §   1147 

ment  of  the  fees  herein  provided  for.  En.  February  14, 
1872.     Eep.  1880,  6.     En.   Stats.  1901,  290, 

Cal.  Eep.  Cit.     138,  267;   138,  269;   138,  271;  138,  273. 

Grim  Prac.  Act,  sec.  413.  En.  April  20,  1850.  Rep.  1851, 
290.  En.  1851,  212. 

.  CHAPTER   IV. 

THE     VERDICT. 

§  1147.  Return  of  jury. 

§  114S.  Appearance    of   defendant. 

§  1149.  Manner  of   taking   verdict. 

§  1150.  Verdict  may  be  general  or  special. 

§  11.51.  General    verdict. 

§  1152.  Special  verdict. 

§  1153.  Special   verdict,   how   rendered. 

§  1134.  Form   of  special  verdict. 

§  11.1.5.  Judgment  on   special   verdict. 

§  11.J6.  When  special  verdict  defective,   new  trial   to  be  ordered. 

§  1157.  Jury    to   find   degree   of   crime. 

§  1158.  Jury   may   find   upon   charge   of  previous  conviction. 

§  11-59.  Jury  may  convict  of  lesser  offense,   or  of  attempt. 

§  1160.  Verdict   as  to  some  defendants,   new  trial  as   to  others. 

§  1161.  Court  may  direct  a  reconsideration  of  the  verdict. 

§  1162.  When  judgment  may  be  given   on  informal  verdict. 

§  1183.  Polling  the  jury. 

§  1164.  Recording   the    verdict. 

§  1165.  Defendant,    when   to  be   discharged. 

§  1166.  Proceedings    upon    conviction    or   special   verdict. 

§  1167.  Proceedings  on    acquittal   on   ground   of  insanity. 

§  1147.  Return  of  jury.  When  the  jury  have  agreed 
upon  the  verdict,  they  must  be  conducted  into  court  by 
the  orfficer  having  them  in  charge.  Their  names  must 
then  be  called,  and  if  all  do  not  appear,  the  rest  must 
be  discharged  without  giving  a  verdict.  In  that  case  the 
action  may  be  again  tried.  En.  February  14,  1872.  Am'd. 
1905,  697. 

The  change  consists  in  the  omission  of  the  words  "at  the  same  or  an- 
other term,"  after  "tried,"  because  there  are  now  no  terms  ot 
court.— Code   Commissioner's   Note. 

Cal.  Rep.  Cit.  57,  100;  62,  519;   62,  520, 
Crim.  Prac.  Act,  sec.  414.     En.  April  20,  1850.     Rep.  1851, 
290.     En.  1851,  212. 

Cal.  Rep.  Cit.  44,  541;  62,  520. 


§§   1U8-1151  THE    VERDICT.  Mfi 

§  1148.  Appearance  of  defendant.  If  charged  with  a 
felony,  the  defendant  must,  before  the  verdict  is  received, 
appear  in  person.  If  for  a  misdemeanor,  the  verdict  may 
be  rendered  in  his  absence.  En.  February  14,  1872.  Am  'd. 
1880,  24. 

Cal.  Eep.  Cit.  49,  42;  57,  352;  59,  358;  70,  472;  118,  449. 

Crini.  Prac.  Act,  sec.  415.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Cal.  Rep.  Cit.     33,   100;   42,   168. 

Judgment  in  defendant's  presence:     See  post,  sec.  1193. 

§  1149.  Manner  of  taking  verdict.  When  the  jury  ap- 
pear, they  must  be  asked  by  the  court,  or  clerk,  whether  they, 
have  agreed  upon  their  verdict,  and  if  the  foreman  answers 
in  the  affirmative,  they  must,  on  being  required,  declare  the 
same.     En.  February  14,  1872. 

Cal.  Rep.  Cit.  62,  519;   94,  119. 

Crim.  Prac.  Act,  see.  ,416.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  1150.  Verdict  may  be  general  or  special.  The  jury  may 
render  a  general  verdict,  or,  when  they  are  in  doubt  as  to 
the  legal  effect  of  the  facts  proved,  the}'  niay,  except  upon 
a  trial  for  libel,  find  a  special  verdict.  En.  February  14, 
1872.     Am'd.  1880,  24. 

Crim.  Prac.  Act,  sec.  417.  En.'  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1151.  General  verdict.  A  general  verdict  upon  a  plea 
of  not  guilty  is  either  "guilty"  or  "not  guilty,"  which  im- 
ports a  conviction  or  acquittal  of  the  offense  charged  in  the 
indictment.  Upon  a  plea  of  a  former  conviction  or  acquittal 
of  the  same  offense,  it  is  either  "for  the  people"  or  "for 
the  defendant. ' '  When  the  defendant  is  acquitted  on  the 
ground  that  he  was  insane  at  the  time  of  the  qommission  of 
the  act  charged,  the  verdict  must  be  "not  guilty  by  reason 
of   insanity."     When    the    defendant    is     acquitted   on   the 


407  THE   VERDICT.  §§   1152-11&5 

ground  of  variance  between  the  indictment  and  the  proof, 
the  verdict  must  be  "not  guilty  by  reason  of  variance  be- 
tween indictment  and  proof. ' '  En.  February  14,  1872. 
Am'd.  1873-4,  446. 

Cal.  Eep.  Cit.  51,  279;  65,  446;  68,  181;  73,  346;  84,  473; 
87,  283;  134,  308. 

Crim.  Prac.  Act,  sec.  418.  En.  April  20,  1850.  Eep.  1851, 
190.     En.   1851,  212. 

.  Cal.  Rep.  Cit.  31,  453;    31,  454. 

§  1152.  Special  verdict.  A  special  verdict  is  that  by 
which  the  jury  find  the  facts  only,  leaving  the  judgment  to 
the  court.  It  must  present  the  conclusions  of  fact  as  estab- 
lished by  the  evidence,  and  not  the  evidence  to  prove  them, 
and  these  conclusions  of  fact  must  be  so  presented  as  that 
nothing  remains  to  the  court  but  to  draw  conclusions  of  law 
upon   them.     En.   February   14,   1872. 

Crim.  Prac.  Act,  sec.  419.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Cal.  Rep.  Cit.  31,  453;    31,  454. 

§  1153.  Special  verdict,  how  rendered.  The  special  ver- 
dict must  be  reduced  to  writing  by  the  jury,  or  in  their  pres- 
ence entered  upon  the  minutes  of  the  court,  read  to  the  jury 
and  agreed  to  by  them,  before  they  are  discharged.  En. 
February  14,  1872. 

Crim.  Prac.  Act,  sec.  420.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  1154.  Form  of  special  verdict.  The  special  verdict  need 
not  be  in  any  particular  form,  but  is  sufficient  if  it  present 
intelligibly  the  facts  found  V.^y  the  jury.  En.  February  14, 
1872. 

Crim.  Prac.  Act,  sec.  421.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  1155.  Judgment  on  special  verdict.  The  court  must  give 
judgment  upon  the  special  verdict  as  follows: 


§§  U56-1158  THE   VERDICT.  408 

1.  If  the  plea  is  not  guilty,  and  the  facts  prove  the  de- 
fendant guilty  of  the  offense  charged  in  the  indictment,  or 
of  any  other  offense  of  which  he  could  be  convicted  under 
that  indictment,  judgment  must  be  given  accordingly.  But 
if  otherwise,  judgment  of  acquittal  must  be  given. 

2.  If  the  plea  is  a  former  conviction  or  acquittal  of  the 
same  offense,  the  court  must  give  judgment  of  acquittal  or 
conviction,  as  the  facts  prove  or  fail  to  prove  the  former 
conviction  or  acquittal.     En.  February  14,  1872. 

Cal.   Eep.   Cit.     93,  568. 

Crim.  Prac    Act,  sec.  422.     En.  April  20,  1850.     Eep.  1851, 
290.     En.  1851,  212. 
Cal.  Eep.  Cit.  31,  454. 
See  ante,  sec.  1016,  subd.  3. 

§  1156.  When  special  verdict  defective,  new  trial  to  be 
ordered.  If  the  jury  do  not,  in  a  special  verdict,  pronounce 
affirmatively  or  negatively  on  the  facts  necessary  to  enable 
the  court  to  give  judgment, -or  if  they  find  the  evidence  of 
facts  merely,  and  not  the  conclusions  of  fact,  from  the  evi- 
dence, as  established  to  their  satisfaction,  the  court  must  or- 
der a  new  trial.     En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  423.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Cal.  Eep.  Cit.  31,  454. 

New  trial:  See  post,  sec.  1181. 

§  1157.  Jury  to  find  degree  of  crime.  Whenever  a  crime 
is  distinguished  into  degrees,  the  jury,  if  they  convict  the 
defendant,  must  find  the  degree  of  the  crime  of  which  he  is 
guilty.     En.  Febuary  14,  1872. 

Cal.  Eep.  Cit.  49,  179;  52,  454;  53,  627;  59,  384;  60,  110; 
65,  538;  67,  351;  68,  180;  73,  581;  81,  618;  94,  386; 
134,  308;  135,  62. 

§  1158.  Jury  may  find  upon  charge  of  previous  conviction. 
Whenever  the  fact  of  a  previous  conviction  of  another  offense 


409  THE   VERDICT.  §§  U59,  1160 

is  charged  in  an  indictment  or  information,  the  jury,  if  they 
find  a  verdict  of  guilty  of  the  offense  with  which  he  is 
charged,  must  also,  unless  the  answer  of  the  defendant  ad- 
mits the  charge,  find  whether  or  not  he  has  suffered  such 
previous  conviction.  The  verdict  of  the  jury  upon  a  charge 
of  previous  conviction  may  be:  "We  find  the  charge  of  pre- 
vious conviction  true,"  or,  "We  find  the  charge  of  previous 
conviction  not  true,"  as  they  find  that  the  defendant  has 
or  has  not  suffered  such  conviction.  En.  February  14,  1872. 
Am'd.  1873-4,  446;    1880,  24. 

Cal.  Eep.  (Jit.  49,  395;  57,  560;  57,  572;  64,  155;  64,  340; 
64,  403;  65,  297;  65,  398;  73,  445;  73,  446;  73,  447;  73, 
450;  73,  451;  73,  452;  73,  549;  73,  550;  109,  297;  110, 
42;  118,  389;  118,  390;  145,  610;   145,  611. 

See  ante,  sec.  1155. 

§  1159.    Jury   may    convict    of   lesser    offense,    or    of    at- 
tempt.    The    jury    may    find    the    defendant    guilty    of    any 
offense,   the  commission  of  which  is  necessarily  included  in 
that  with  which  he  is  charged,  or  of  an  attempt  to  commit 
the   offense.    -En.   February   14,   1872.     Am'd.   1880,   24. 
Cal.  Rep.   Cit.  53,  59;    56,  80;    59,  364;    65,  475;     76,  58; 
91,  272;    93,  659;     99,  229;     100,   153;     100,   154;     100, 
158;   105,  672;    115,  305;   135,  62;   135,  270;   136,  524; 
137,  197;    138,  484;    143,  13;    143,  14;    143,  149;    143, 
435;    144,  47. 
Crim.  Prac.  Act,  sec.  424.     En.  April  20,  1850.     Rep.  1851, 
290.     En.   1851,   212. 

Cal.  Rep.  Cit.  5,  134;    29,  628;    31,  454. 
Lesser  offense:     See  ante,  see.  1155. 

§  *1160.  Verdict  as  to  some  defendants,  new  trial  as  to 
others.  On  an  indictment  or  information  against  several,  if 
the  jury  cannot  agree  upon  a  verdict  as  to  all,  they  may  ren- 
der a  verdict  as  to  those  in  regard  to  whom  they  do  agree, 
on  which  a  judgment  must  be  entered  accordingly,  and  the 


§§  1161-1162  THE   VERDICT.  410 

case  as  to  the  others  may  be  tried  by  another  jury.  En. 
February  14,  1872.     Am'd.  1880,  25. 

Cal.  Rep.  Cit.     67,  413. 

Crim.  Prae.  Act,  sec.  425.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1161.  Court  may  airect  a  reconsideration  of  the  verdict. 
When  there  is  a  verdict  of  conviction,  in  which  it  appears 
to  the  court  that  the  jury  have  mistaken  the  law,  the  court 
may  explain  the  reason  for  that  opinion,  and  direct  the  jury 
to  reconsider  their  verdict,  and  if,  after  the  reconsideration, 
they  return  the  same  verdict,  it  must  be  entered;  but 
when  there  is  a  verdict  of  acquittal,  the  court  cannot 
require  the  jury  to  reconsider  it.  If  the  jury  render  a  ver- 
dict which  is  neither  general  nor  special,  the  court  may  di- 
rect them  to  reconsider  it,  and  it  cannot  be  recorded  until  it 
is  rendered  in  some  form  from  which  it  can  be  clearly  un- 
derstood that  the  intent  of  the  jury  is  either  to  render  a  gen- 
eral verdict  or  to  find  the  facts  specially  and  to  leave  the 
judgment   to   the   court.     En.  February  14,   1872. 

Cal.  Rep.  Cit.  48,  .559;    68,  180;    68,  181;    118,  448. 

Crim.  Prae.  Act,  sec.  426.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Crim.  Prae.  Act,  sec.  427.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Cal.  Rep.  Cit.  31,  4.54. 

§  1162.  When  judgment  may  be  given  on  informal  verdict. 
If  the  jury  persist  in  finding  an  informal  verdict,  from  which, 
however,  it  can  be  clearly  understood  that  their  intenrioa 
is  to  find  in  favor  of  the  defendant  upon  the  issue,  it  must 
be  entered  in  the  terms  in  which  it  is  found,  anil  the  court 
must  give  judgment  of  acquittal.  But  no  judgment  of  con- 
viction can  be  given  unless  the  jury  expressly  find  against 
the  defendant  upon  the  issue,  or  judgment  is  given  against 
him  on  a  special  verdict.     En.  February  14,  187'.'. 

Cal.   Rep.   Cit.     68,   180;    135,   62;    135,   63. 


411  THE   VERDICT.  §§  1163-1165 

Crim.  Prac.  Act,  sec.  428.  En.  April  20,  1850.  Kep.  1851, 
290.     En.   1851,  212. 

§  1163.  Polling  the  jury.  Wlien  a  verdict  is  renilered, 
and  before  it  is  recorded,  the  jury  may  be  polled  at  the  re- 
quest of  either  party,  in  which  case  they  must  bo  severally 
asked  whether  it  is  their  verdict,  and  if  any  one  ai.swer  in 
the  negative,  the  .jury  must  be  sent  out  for  further  delib- 
eration.    En.  February  14,  1872. 

Cal    Eep.  Cit.  57,  101;    62,  520. 

Crim.  Prac.  Act,  sec.  429.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1164.  Recording  the  verdict.  When  the  verdict  given 
is  such  as  the  court  may  receive,  the  clerk  must  immediately 
record  it  in  full  upon  the  minutes,  read  it  to  the  jury,  and 
inquire  of  them  whether  it  is  their  verdict.  If  any  juror 
disagree,  the  fact  must  be  entered  upon  the  minutes  and  the 
jury  again  sent  out;  but  if  no  disagreement  is  expressed, 
the  verdict  is  complete,  and  the  jury  must  be  discharged 
from  the  case.     En.  February  14,  1872. 

Cal.   Rep.   Cit.     57,   98;   57,   101. 

Crim.  Prac.  Act,  sec.  430.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1165.  Defendant,  when  to  be  discharged.  Tf  judgment 
of  acquittal  is  given  on  a  general  verdict,  and  the  defendant 
is  not  detained  for  any  other  legal  cause,  he  must  be  dis- 
charged as  soon  as  the  judgment  is  given,  except  where  the 
acquittal  is  because  of  a  variance  between  the  pleading  and 
proof,  which  may  be  obviated  by  a  new  indictment  or  infor- 
mation, the  court  may  order  his  detention,  to  the  end  that 
a  new  indictment  or  information  may  be  preferred,  in  the 
same  manner  and  with  like  effect  as  provided  in  sectioii  one 
thousand  one  hundred  and  seventeen.  En.  February  14,  1872. 
Am'd.  1880,  25. 

Cal.  Rep.  Cit.  61,  140;  64,  263;  70,  65;  79,  179;  79,  181; 
91,  643;    118,  27. 


II  1166,  1167  THE    VERDICT.  412 

Crim.  Prac.  Act,  sec.  431.  En.  April  20,  1850.  Eep.  1851, 
2P0.     En.  1851,  212. 

Cal,  Eep.  Cit.     38,  476. 
Jeopardy:    See  ante,  sec.  687. 

§  1166.  Proceedings  upon  conviction  or  special  verdict. 
If  a  general  verdict  is  rendered  against  the  defendant,  or  a 
special  verdict  is  given,  he  must  be  remanded,  if  in  cufatody, 
or  if  on  bail  he  may  be  committed  to  the  proper  officer  of 
the  county  to  await  the  judgment  of  the  court  upon  the  ver- 
dict. When  committed,  his  bail  is  exonerated,  or  if  money 
is  deposited  instead  of  bail,  it  must  be  refunded  to  the  de- 
fendant.    En.  February  14,  1872. 

Cal.  Eep.  Cit.  68,  182. 

Crim.  Prac.  Act,  sec.  432.  En.  April  20,  1850.  Eep.  1851. 
290.     En.  1851,  212. 

Bail:    See  post,  sees.  1268  et  seq. 

§  1167.  Proceedings  on  acquittal  on  ground  of  insanity. 
If  the  jury  render  a  verdict  of  acquittal  on  the  g-ound  of 
insanity,  the  court  may  order  a  jury  to  be  suminonel  from 
the  jury  list  of  the  county,  to  inquire  whether  the  defendant 
continues  to  be  insane.  The  court  may  cause  the  same  wit- 
nesses to  be  summoned  who  testified  on  the  trial,  :md  other 
witnesses,  and  direct  the  district  attorney  to  conduct  the  pro- 
ceedings, and  counsel  may  appear  for  the  defendant.  Tlie 
court  may  direct  the  sheriff  to  take  th?  defendant  and  re- 
tain him  in  custody  until  the  question  of  c.-intinuing  insartity 
is  determined.  If  the  jury  find  the  lefendaut  insane,  he  shall 
be  committed  by  the  sheriff  to  tht^  staro  hisano  asylnm.  If 
the  jury  find  the  defendant  sane,  he  shall  be  discharged. 
En.  Stats.  1873-4,  446. 

Inquiry  into  insanity  of  defendant  before  trial  or  after 
conviction.     See  post,  sees.  1367  et  seq. 


413  BILLS    OF   EXCEPTION.  §§  1170,  1171 

CHAPTER    V. 

BILLS    OP    EXCEPTION. 

§  UTO.  To   what   decisions   exceptions  may   be   taken. 

§  1171.  When   to   be   settled   and   signed. 

§  1172.  Exceptions   to  decision   of  court  by  either   party. 

§  1173.  Exceptions    to   decision   of   the   court   by   the   defenvlant. 

§  1174'.  Exceptions,    how   settled. 

§  1175.  What  bill    of   exceptions   is   to   contain. 

§   1176.  Written  charges  need  not   be  excepted  to. 

§  1177.  Bills    of    exception    in    criminal    actions,    amendment    of;    settled 
and  time  fixed  for  engrossment. 

§  1170.  To  what  decisions  exceptions  may  be  taken.  On 
the  trial  of  an  indictment  or  information,  exceptions  may 
be  taken  by  tlie  defendant  to  a  decision  of  tlie  court; 

1.  In  disallowing  a  challenge  to  the  panel  of  the  jury,  or 
to  an  individual  juror  for  implied  or  actual  bias; 

2.  In  admitting  or  rejecting  testimony  on  the  trial  of  a 
challenge  to  a  juror  for  actual  bias; 

3.  In  admitting  or  rejecting  testimony,  or  in  deciding  any 
question  of  law  not  a  matter  of  discretion,  or  in  charging  or 
instructing  the  jury  upon  the  law  on  the  trial  of  the  issue. 
En.  February  14,  1872.  Am'd.  1873-4,  447;  1880,  25;  1901, 
81. 

Cal.  Eep.  Cit.  49,  169;  51,  470;  51,  496;  53,  184;  53,  603; 
56,  535;  59,  355;  61,  549;  61,  553;  70,  11;  83,  381; 
87,  120;  96,  126;  96,  134;  96,  137;  96,  140;  115,  167; 
123,  491;  124,  553;  132,  142;  134,  535;  135,  373;  135, 
375*   142    93. 

Subd.  2—123,  488.     Subd.  3—134,  544;    135,  374;   145, 
738. 

Crim.  Frac.  Act,  sec.  433.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Cal.  Rep.  Cit.  28,  218;  45,  142. 
Challenges  to  jury:   See  ante,  sees.  1055  et  seq. 
Trial  of  challenges:     See  ante,  sees.  1078  et  seq. 
Rules  of  evidence:   See  ante,  sec.  1102. 

§  1171.  When  to  be  settled  and  signed.  When  the  defend- 
ant desires  to  have  exceptions  taken  at  the  trial  settled  in 
a  bill  of  exceptions,  the  draft  of  a  bill  must  be  prepared  by 
him,  and   presented  to   the  judge  for  settlement  within   ten 


§  1172  BILLS    OF   EXCEPTION.  414 

(lays  after  judgment  has  been  entered  against  him,  or,  if 
the  judge  is  absent  from  the  county,  or  ill,  so  that  such  pres- 
entation cannot  be  made,  the  draft  must,  within  that  period, 
be  delivered  to  the  clerk  for  the  judge.  Notice  in  writing  of 
the  intended  presentation  of  such  draft  to  the  judge,  or  of 
the  delivery  thereof  to  the  clerk,  must  be  serve(l  upon  the 
district  attorney  at  least  to  days  before  such  presentation 
or  delivery.  When  received  by  the  clerk,  he  must  note 
thereon  the  date  of  such  receipt,  and  transmit  or  deliver  the 
same  to  the  judge  at  the  earliest  period  practicable.  The 
judge  must,  immediately  upon  the  draft  being  presented  or 
delivered  to  him,  designate  a  time  for  the  settlement  of  the 
bill,  and,  if  the  parties  are  not  present,  require  the  clerk  to 
notify  them  in  writing  of  such  date.  The  time  so  fixed  must 
not  be  changed  for  inconvenience  to  a  party,  except  upon 
good  cause,  shown  by  affidavit  of  necessity  therefor.  When 
settled  and  engrossed,  the  bill  must  be  signed  by  the  judge 
and  filed  with  the  clerk.  En.  February  14,  1872.  Am'd. 
1873-4,  447;    1881,  6;    1905,  761. 

]171.  1174.  The  design  of  the  amendment  to  these  sections  is  to  bring 
about  as  far  as  possible  an  avoidance  of  the  delay  now  so  common 
in  getting  criminal  cases  to  a  hearing  in  the  Supreme  Court,  and  to 
require  bills  of  exceptions  in  criminal  cases  to  be  settled  as  expe- 
ditiously as  is  compatible  with  the  circumstances  of  the  case.  Tiie 
phraseology  of  the  present  section  is  changed  in  certain  respects  to 
more  clearly  express  its  purpose.  The  clerk  is  required,  upon  receipt 
of  the  draft  to  note  such  receipt  thereon;  and  the  judge,  upon  re- 
ceipt thereof,  is  required  to  immediately  designate  a  time  for  settle- 
ment and  have  the  parties  notified  thereof,  if  not  present.  The  time 
so  fixed  cannot  be  changed  for  the  convenience  of  a  party,  except 
upon   good   cause   shown   by  affldavit. — Code   Commissioner's   Note. 

Cal.  Eep.  Cit.  51,  470;  53,  184;  53,  423;  53,  425;  55,  73; 
76,  514;  77,  356;  78,  406;  86,  157;  94,  506;  106,  64.'; 
106,  646;  115,  167;  122,  210;  135,  373;  136,  20;  136, 
669;   136,  670;   142,  93. 

Crim.  Prac.  Act,  sec.  434.     En.  April  20,  1850.     Rep.  1851, 
290.     En.  1851,  212. 

Cal.  Rep.  Cit.  28,  218. 

§  1172.     Exceptions  to  decision  of  court  b  either  party. 

Exceptions  may  be  taken  by  either  party  to  the  decision  of 
a  court  or  judge  upon  a  matter  of  law: 

1.  In  granting  or  refusing  a  motion  to  set  aside  an  indict- 
ment or  information. 

2.  In  allowing  or  disallowing  a  demurrer  to  an  indictment 
or  information. 


415  BILLS    OF    EXCEPTION.  §§   1173,   1174 

3.  In  granting  or  refusing'a  motion  in  arrest  of  judgment. 

4.  In  granting  or  refusing  a  motion  for  a  new  trial. 

5.  In  making,  or  refusing  to  make,  an  order  after  judg- 
ment affecting  any  substantial  right  of  the  parties.  En.  Feb- 
ruary 14,  1872.     Am'd.  1885,  58. 

Cal.  Rep.  Cit.  55,  74;    56^,535;    65,175;    107,478;    115,161; 

115,  167;   121,  495;    132,  142;     138,   32.     Subd.  5—136, 

21. 
Arrest  of  judgment:  See  post,  sees.  1185-1188. 
New  trial:   See  post,  sees.  1179-1182. 

§  1173.  Exceptions  to  decision  of  the  court  by  the  de- 
fendant. Exceptions  may  be  taken  by  the  defendant  to  a 
decision  of  the  court  upon  a  matter  of  law — 

1.  In  refusing  to  grant  a  motion  for  a  change  of  the  place 
of  trial. 

2.  In  refusing  to  postpone  the  trial  on  motion  of  the  de- 
fendant.    En.  February  14,  1872. 

Cal.  Rep.  Cit.  55,  74;   56,  535;    65,  175;    115,  167;    132,  142; 
138,  33. 

§  1174.  Exceptions,  how  settled.  When  a  party  desires 
to  have  an  exception  mentioned  in  the  last  two  sections  set- 
tled in  a  bill  of  exceptions,  the  draft  of  a  bill  must,  within 
ten  days  after  the  order  or  ruling  complained  of  is  made,  be 
prepared  and  presented  or  delivered  by  him  on  notice  as  pro- 
vided in  section  eleven  hundred  and  seventy-one,  and  there- 
upon the  same  proceedings  must  be  had  for  the  settlement 
of  such  proposed  bill  in  all  respects  as  are  provided  in  the 
last-mentioned  section.  The  time  specified  in  Ihis  section 
and  section  eleven  hundred  and  seventy-one,  within  which 
the  draft  of  a  bill  of  exceptions  must  be  presented  to  the 
judge  or  delivered  to  the  clerk,  may  be  extended  for  a  rea- 
sonable period  by  the  trial  judge,  or,  in  his  absence  from  the 
county  or  inability  to  act,  by  a  justice  of  the  supreme  court, 
but  only  for  good  cause  and  upon  affidavit  showing  the  neces- 
sity therefor,  presented  upon  written  notice  of  at  least  two 
days  to  the  adverse  party,  who  shall  have  the  right  to  file 
counter  affidavits.  In  no  case  can  the  time  be  extended  by 
stipulation  of  the  parties.  If  the  judge  in  any  case  refuses 
to  allow  an  exception  in  accordance  with  the  facts,  the  party 
desiring  the  bill  settled  may  apply  by  petition  to  the  supreme 
court  to  prove  the  same,  such  application  to  be  made  in  the 


§§  1173,  1176  BILLS    OF    EXCEPTION.  41« 

mode  and  manner  and  under  such  regulations  as  that  court 
may  prescribe;  and  the  bill  when  proven  must  be  certified 
by  the  chief  justice  as  correct,  and  filed  with  the  clerk  of 
the  court  in  which  the  action  was  tried,  and  when  so  filed  it 
has  the  same  force  and  effect  as  if  settled  by  the  judge  who 
tried  the  cause.  If  the  judge  who  presided  at  the  trial 
ceases  to  hold  office  before  the  bill  is  tendered  or  settled,  he 
may  nevertheless  settle  such  bill,  or  the  party  may,  as  pro- 
vided in  this  section,  apply  to  the  supreme  court  to  prove 
the  same.  En.  February  14,  1872.  Am'd.  1873-4,  448;  1905, 
761. 

See  note  to  §  1171,  ante. 

Cal.  Kep.  Cit.  51,  321;  53,  184;  53,  74;  56,  119;  73,  2; 
74,  190;  76,  284;  77,  356;  78,  346;  78,  347;  108,  32; 
119,  57;  121,  281;  121,  495;  122,  211;  136,  21;  136, 
669;    138,  33. 

§  1175.  What  bill  of  exceptions  is  to  contain.  A  bill  of 
exceptions  must  contain  so  much  of  the  evidence  only  as  is 
necessary  to  present  the  questions  of  law  upon  which  the 
exceptions  were  taken;  and  the  judge  must,  upon  the  settle- 
ment of  the  bill,  whether  agreed  to  by  the  parties  or  not, 
strike  out  all  other  matters  contained  therein.  En.  Februarv 
14,  1872. 

Cal.  Eep.  Cit.  51,  321;  52,  212;  76,  285;  76,  351;  80,  157; 

80,  488;  121,  281;  145,  68. 
Crim.  Prac.  Act,  sec.  436.  En.  April  20,  1850.  Eep.  1851, 
290.  En.  1851,  212. 

Cal.  Eep.  Cit.  28,  218. 

Crim.  Prac.  Act,  sec.  437.  En.  April  20,  1850.  Eep.  1851, 
290.  En.  1851,  212. 

Cal.  Eep.  Cit.  28,  218. 

§  1176.  Written  charges  need  not  be  excepted  to.  When 
written  instructions  have  been  presented,  and  given,  modi- 
fied, or  refused,  or  when  the  charge  of  the  court  has  been 
taken  down  by  the  reporter,  the  questions  presented  in  such 
instructions  or  charge  need  not  be  excepted  to  or  embodied 
in  a  bill  of  exceptions;  but  the  judge  must  make  and  sign 
an  indorsement  upon  such  instructions,  showing  the  action 
of  the  court  thereon,  and  certify  to  the  correctness  of  the 
reporter's  transcript  of  the  charge;  and  thereupon  the  same, 
with  the  indorsements,  become  a  part  of  the  record,  and  any 


417  NEW   TRIALS.  §§  1176,  1179 

error  in  the  action  of  the  court  thereon  may  be  reviewed 
on  appeal  in  like  manner  as  if  presented  in  a  bill  of  excep- 
tions.    En.   February   14,   1872.     Am'd.    1905,   762. 

The  purpose  of  this  amendment  is  to  correct  imperfections  and  con- 
fusion in  tlie  language  of  tlie  present  section,  and  to  more  clearly 
point  out  the  duty  of  the  judge  in  noting  his  action  upon  instructions 
requested   by   the   parties. — Code    Commissioner's   Note. 

Cal.  Eep.  Cit.  77,  180;  77,  181;  84,  581;  106,  36;  111,  259; 

115,  161;  118,  329;  127,  547. 
Grim.  Prac.  Act,  sec.  438,  En.  April  20,  1850.  Rep.  1851, 
290.  En.  1851,  212. 

Cal.  Eep.  Cit.  28,  218;  37,  276;  40,  287;  44,  598. 

By  section  1207,  subdivision  3,  post,  all  charges  given  or 
refused,  and  the  indorsements  thereon,  constitute  a  part 
of  the  judgment  roll  or  record  of  the  action. 

§  1177.  Bills  of  exceptions  in  criminal  actions,  amend- 
ment of;  settled,  and  time  fixed  for  engrossijient.  If  the 
bill  of  exceptions  proposed  does  not  substantially  conform 
to  the  requirements  of  section  1175  of  this  code,  the  judge 
before  whom  the  cause  was  tried  may  cause  the  same  to  be 
amended  so  as  to  conform  to  said  section,  or  the  adverse 
party  may,  within  ten  days  after  the  receipt  of  such  pro- 
posed bill,  serve  and  file  amendments  thereto;  the  amend- 
ments herein  provided  for  shall  be  thereafter  settled  by  the 
judge  upon  a  day  to  be  fixed  by  him,  not  more  than  ten 
days  after  the  service  and  filing  of  such  proposed  amend- 
ments; after  said  bill  of  exceptions  shall  have  been  settled 
as  herein  provided  for,  the  judge  may  fix  a  time  within 
which  the  same  shall  be  engrossed  by  the  party  present- 
ing the  same  and  when  so  engrossed  and  signed  by  the 
judge,  the  same  shall  constitute  the  engrossed  and  final  bill 
of  exceptions  in  the  action  or  proceeding.  En.  Stats.  1905, 
475. 

CHAPTER  VI. 

NEW   TRIALS. 

§  1179.  New   trial   defined. 

§  1180.  Its   effect. 

§  1181.  In  what  cases  it  may  be  granted. 

§  1182.  Application   for,    when   made. 

§  1179.  New  trial  defined.  A  new  trial  is  a  re-examina- 
tion of  the  issue  in  the  same  court,  before  another  jury, 
after  a  verdict  has  been  given.     En.  February  14,  1872. 

Pen.  Code— 27 


§  1180  NEW    TRIALS.  418 

Cal.   Eep.   Cit.     72,   15;   139,   216;    143,   210;    143,   589. 
Crim.  Prac.  Act,  sec.  439.     En.  April  20,  1850.     Eep.  1851, 
290.     En.   1851,   212. 

Cal.  Eep.  Cit.     4,  377;  4,  380;  46,  48. 

§  1180.  Its  effect.  The  granting  of  a  new  trial  places 
the  parties  in  the  same  position  as  if  no  trial  had  been 
had.  All  the  testimony  must  be  produced  anew,  and  the 
former  verdict  cannot  be  used  or  referred  to,  either  in  evi- 
dence or  in  argument,  or  be  pleaded  in  bar  of  any  con- 
viction which  might  have  been  had  under  the  indictment. 
En.   February   14,    1872.     Am'd.    1873-4,   449. 

Cal.  Eep.  Cit.     99,  231;  99,  232;  138,  485;  138,  486. 

§  1181.  In  what  cases  it  may  be  granted.  When  a  ver- 
dict has  been  rendered  against  the  defendant,  the  court 
may,  upon  his  application,  grant  a  new  trial,  in  the  fol- 
lowing cas^s  only: 

1.  When  the  trial  has  been  had  in  his  absence,  if  the 
indictment  is  for  a  felony. 

2.  When  the  jury  has  received  any  evidence  out  of 
court  other  than  that  resulting  from  a  view  of  the  prem- 
ises. 

3.  When  the  jury  has  separated  without  leave  of  the 
court,  after  retiring  to  deliberate  upon  their  verdict,  or  been 
guilty  of  any  misconduct  by  which  a  fair  and  due  con- 
sideration of  the  case  has  been  prevented. 

4.  When  the  verdict  has  been  decided  by  lot,  or  by  any 
means  other  than  a  fair  expression  of  opinion  on  the  part 
of  all  the  jurors. 

5.  When  the  court  has  misdirected  the  jury  in  a  matter 
of  law,  or  has  erred  in  the  decision  of  any  question  of  law 
arising  during  the  course  of  the  trial. 

6.  When   the   verdict   is   contrary   to   law   or   evidence. 

7.  When  new  evidence  is  discovered  material  to  the  de- 
fendant, and  which  he  could  not,  with  reasonable  diligence, 
have  discovered  and  produced  at  the  trial.  When  a  motion 
for  a  new  trial  is  made  upon  the  ground  of  newly-discovered 
evidence,  the  defendant  must  produce  at  the  hearing,  in 
support  thereof,  the  affidavits  of  the  witnesses  by  whom 
such   evidence   is  expected   to   be  given,   and  if  time   is  re- 


419  ARREST    OF    JUDGMENT.  §§   1182,   1185 

quired  by  the  defendant  to  procure  such  affidavits,  the  court 
may  postpone  the  hearing  of  the  motion  for  such  length  of 
time  as,  under  all  the  circumstances  of  the  case,  may  seem 
reasonable.     En.  February   14,   1872. 

Cal.  Eep.  Cit.  53,  184;  70,  472;  74,  487;  88,  490;  90,  199; 
102,  332;  115,  304;  119,  2;  135,  371;  146,  130.  Subd. 
2—71,  398;  122,  183.  Subd.  3—74,  483;  74,  485;  78, 
334;  78,  335;  125,  507.  Subd.  4—76,  575.  Subd.  5— 
56,   118;   135,   373.     Subd.   6—56,   118. 

Crim.  Prac.  Act,  sec.  440.  En.  April  20,  1850.  Eep.  1851, 
290.     En.    1851,   212.     Am'd.   1863,    161. 

Cal.  Eep.  Cit.     18,  699;  21,  339;  33,  100;  43,  56. 

§  1182.  Application  for,  when  made.  The  application  for 
a  new  trial  must  be  made  before  judgment,  and  the  order 
granting  or  denying  the  same  must  be  immediately  en- 
tered by  the  clerk  in  the  minutes.  En.  February  14,  1872. 
Am'd.  1905,  697. 

The  change  consists  in  the  addition  of  the  words  "and  the  order  grant- 
ing or  denying  the  same  must  be  immediately  entered  by  the  clerk 
in  the  minutes"  after  "judgment,"  and  is  designed  to  conform  the 
section  to  the  present  practice. — Code  Commissioner's  Note. 

Cal.  Eep.  Cit.     80,  488;  98,  355;  135,  371;  142,  92;  142,  97. 

Crim.  Prac.  Act,  sec.  441.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,   212. 


CHAPTEE  Vn. 

ARREST    OF    JUDGMENT. 

§  118.5.  Motion    in    arrest    of   judgment. 

§  1186.  Court    may   arrest   judgment    without   motion. 

§  1187.  Effect    of    arre.sting   juvlgment. 

§  118S.  Defendant,    when   to   be   held   or  discharged. 

§  1185.  Motion  in  arrest  of  judgment.  A  motion  in  ar- 
rest of  judgment  is  an  application  on  the  part  of  the  de- 
fendant that  no  judgment  be  rendered  on  a  plea  or  verdict 
of  guilty,  or  on  a  verdict  against  the  defendant,  on  a  plea 
of  a  former  conviction  or  acquittal.  It  may  be  founded  on 
any  of  the  defects  in  the  indictment  or  information  men- 
tioned in  section  ten  hundred  and  four,  unless  the  objec- 
tion has  been  waived  by  a  failure  to  demur,  and  must  be 
made  before  or  at  the  time  the  defendant  is  called  for 
judgment.    When  determined,  the  order  must  be  immediately 


§§  11S6,  1187  ARREiST   OF  JUDGMENT.  '^  420 

entered  by  the  clerk  in  the  minutes.     En.  February  14,  1872. 
Am'd.    1880,   25;    1905,   697. 

The  change  consists  in  the  addition  of  the  words  "when  determined, 
the  order  must  be  immediately  entered  by  the  clerk  In  the  minutes," 
after  "judgment,"  and  is  designed  to  conform  this  section  to  the 
present   practice. — Code   Commissioner's   Note. 

Cal.  Eep.  Cit.  48,  252;  49,  390;  56,  535;  58,  225;  71,  389; 
71,  392;  77,  33;  82,  621;  90,  199;  98,  128;  103,  428; 
103,  677;  122,  143;  127,  549;  131,  250;  145,  503. 

Crim.  Prae.  Act,  sec.  442.  En.  April  20,  1850.  Eep.  1851, 
290.  En.  1851,  212. 

Cal.  Eep.  Cit.  27,  401;  27,  402;  29,  262;  37,  279. 

Crim.  Prae.  Act,  see.  444.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Indictment,  sufficiency  of:  See  ante,  sec.  960. 

Grounds  of  demurrer  to  indictment  or  information:  See 
ante,  sec.  1004. 

§  1186.     Court  may  arrest  judgment  without  motion.     The 

court  may  also,  of  its  own  motion,  arrest  the  judgment  for 
any  of  the  defects  mentioned  in  the  last  section,  by  an  order 
for   that   purpose   entered   upon   its   minutes.     En.   February 
14,  1872.     Am'd.  1905,  698. 
See  note   to   section  1185.— Code   Commissioner's   Note. 

Crim.  Prae.  Act,  sec.  443.  ,  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Cal.   Eep.   Cit.     31,  626;   44,   34. 

§  1187.  Effect  of  arresting  judgment.  The  effect  of  an 
order  arresting  the  judgment  is  to  place  the  defendant  in 
the  same  situation  in  which  he  was  before  the  indictment 
was  found  or  information  filed.  En.  February  14,  1872. 
Am'd.   1880,  25;    1905,   698. 

The  purpose  of  this  amendment  is  to  give  the  same  effect  to  an  order 
of  the  court  made  on  its  own  motion  under  section  1186  as  section 
1187  now  gives  to  an  order  made  on  motion  of  the  defendant. — Code 
Commissioner's  Note. 

Cal.  Eep.  Cit.  73,  406;  74,  98. 

Crim.  Prae.  Act,  sec.  445.  En.  April  20,  1850.  Eep.  1851, 
290.  En.  1851,  212. 

Cal.  Eep.  Cit.  44,  34. 


421  ARREST   OF   THE   JUDGMENT.  §   118S 

§  1188.  Defendant,  when  to  be  held  or  discharged.  If, 
from  the  evidence  on  the  trial,  there  is  reason  to  believe 
the  defendant  guilty,  and  a  new  indictment  or  informa- 
tion can  be  framed  upon  which  he  may  be  convicted,  the 
court  may  order  him  to  be  recommitted  to  the  officer  of 
the  proper  county,  or  admitted  to  bail  anew,  to  answer 
the  new  indictment  or  information.  If  the  evidence  shows 
him  guilty  of  another  offense,  he  must  be  committed  or 
held  thereon,  and  in  neither  case  shall  the  verdict  be  a 
bar  to  another  prosecution.  But  if  no  evidence  appears 
sufficient  to  charge  him  with  any  offense,  he  must,  if  in  cus- 
tody, be  discharged;  or  if  admitted  to  bail,  his  bail  is  exon- 
erated; or  if  money  has  been  deposited  instead  of  bail,  it 
must  be  refunded  to  the  defendant;  and  the  arrest  of 
judgment  shall  operate  as  an  acquittal  of  the  charge  upon 
which  the  indictment  or  information  was  founded.  En. 
February  14,  1872.     Am'd.  1880,  25. 

Cal.   Rep.   Cit.     64,   263;    74,  9S;    109,   296;    132,   16. 

Crim.  Prac.  Act,  sec.  446.  En.  April  20,  1850.  Eep.  1851, 
290.  En.  1851,  212. 

Cal.  Eep.  Cit.  44,  34. 

Discharge  of  defendant:  See  post,  sec.  1485. 


§   1191  THE    JUDGMENT.  422 

TITLE  VIII. 

OF  JUDGMENT  AND  EXECUTION. 

Chapter  I.     The  Judgment,  §§   1191-1207. 
II.     The  Execution,  §§   1213-1230. 

CHAPTER   I. 

.  THE    JUDGMENT. 

§  1191.  Appointing   time   for  judgment. 

15  1192.  Upon  plea  of  guilty,   court  must  determine  degree. 

§  1193.  Presence   of  defendant. 

§  1191.  Defendant    in    custody,    how    brought    for   judgment. 

§  1195.  How   brought   before   the  court   when   on   bail. 

§  1196.  Bench-warrant    to   Issue. 

§  1197.  Form   of   bench-warrant. 

§  119S.  Warrant,    how   served. 

§  1199.  Airest  of  defendant. 

§  1200.  Arraignment    of    defendant    for   judgment. 

§  1201.  What   causes  may  be  shown   against  the  judgment. 

§  1202.  If   no   cause   shown,   juvlgment   to   be   pronounced. 

§  1203.  Circumstances    in    aggravation    or    mitigation    of    punishment. 

g  1204.  Proof   of  former   conviction,    etc.,    in   mitigation,    how   made. 

§  1205.  Duration   of   imprisonment   on   judgment  to   pay   a   fine. 

§  1206.  Judgment  to  pay  a  fine  constitutes  a  lien. 

§  1207.  Entry    of   judgment.  § 

§  1191.  Appointing  time  for  judgment.  After  a  plea  or 
verdict  of  guilty,  or  after  a  verdict  against  the  defendant 
on  the  plea  of  a  former  conviction  or  acquittal,  if  the  judg- 
ment is  not  arrested  or  a  new  trial  granted,  the  court  must 
appoint  a  time  for  pronouncing  judgment,  which,  in  cases 
of  felony,  must  be  at  least  two  days  after  the  verdict.  En. 
February   14,   1872.     Am'd.   1873-4,  449;   1905,   763. 

The  change  consists  in  the  omission  of  the  words  "if  the  court  intend 
to  remain  in  session  so  long;  but  if  not,  then  at  as  remote  a  time 
as  can  reasonably  be  allowed,"  after  "verdict,"  because  the  courts 
are    always    open. — Code    Commissioner's    Note. 

Cal.  Rep.  Cit.     46,  96;  65,  174;  79,  632;  88,  174;  88,  177. 
Crim.  Prac.  Act,  sec.  447.     En.  April  20,  1850.     Rep.  1851, 
290.     En.   1851,  212. 

Cal.    Rep.    Cit.     45,    164. 

Crim.  Prac.  Act,  sec.  448.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,  212. 


423  THE    JUDGMENT.  §§  1192-1196 

§  1192.  Upon  plea  of  guilty,  court  must  determine  de- 
gree. Upon  a  plea  of  guilty  of  a  crime  distinguished  or 
divided  into  degrees,  the  court  must,  before  passing  sen- 
tence,  determine   the   degree.     En.   February   14,   1872. 

Cal.  Eep.  Cit.     49,  178;  52,  453;  52,  454;  52,  455;  67,  114; 
73,  582;    137,  646;    141,  551;   141,  552. 

§  1193.  Presence  of  defendant.  For  the  purpose  of  judg- 
ment, if  the  conviction  is  for  felony,  the  defendant  must  be 
personally  present;  if  for  a  misdemeanor,  judgment  may 
be  pronounced  in  his  absence.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     68,  180;   79,  632. 

Crim.  Prac.  Act,  sec.  449.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 

Cal.  Eep.  Cit.     37,  279;   42,   168. 

Verdict  in  defendant's  presence:  See  ante,  see.  1148. 

§  1194.  Defendant  in  custody,  how  brought  for  judg- 
ment. When  the  defendant  is  in  custody,  the  court  may 
direct  the  officer  in  whose  custody  he  is  to  bring  him  be- 
fore it  for  judgment,  and  the  officer  must  do  so.  En.  Feb- 
ruary 14,  1872. 

Crim.  Prac.  Act,  sec.  450.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 

§  1195.     How   brought    before    the    court   when   on   bail. 

If  the  defendant  has  been  discharged  on  bail,  or  has  de- 
posited money  instead  thereof,  and  does  not  appear  for 
judgment  when  his  personal  appearance  is  necessary,  the 
court,  in  addition  to  the  forfeiture  of  the  undertaking 
of  bail,  or  of  the  money  deposited,  may  direct  the  clerk 
to  issue  a  bench-warrant  for  his  arrest.  En.  February  14, 
1872. 

Cal.   Eep.   Cit.     68,   180. 

Crim.  Prac.  Act,  sec.  451.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1196.  Bench-warrant  to  issue.  The  clerk,  on  the  ap- 
])lication  of  the  district  attorney,  may,  at  any  time  after 
the    order,    whetlier    the    court    be    sitting    or     not,    issue    a 


§§  1197-1200  THE   JUDGMENT.  424 

» 

bench-warrant  into  one  or  more  counties.     En.  February  14, 

1872. 

Grim.  Prac.  Act,  sec.  452.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 

§  1197.     Form  of  bench-warrant.     The  bench-warrant  must 

be    substantially    in    the    following    form:    County    of    . 

The  people  of  the  state  of  California,  to  any  sheriff,  con- 
stable,  marshal,  or  policeman    in  this  state:     A.    B.,  having 

been  on  the  clay  of  ,  A.  D.  eighteen  hundred  and 

,  duly  convicted  in  the  superior  court  of  the  county  of 

,   of   the   crime   of  (designating  it   generally),   you 

are  therefore  commanded  forthwith  to  arrest  the  above 
named  A.  B.,  and  bring  him  before  that  court  for  judg- 
ment.    Given  under  my  hand,  with   the   seal  of  said   court 

affixed,  this  day  of  ,  A.  D.  eighteen  hundred  and 

.     By    order    of    the    court.     [Seal.]     E.    F.,    clerk.     En. 

February  14,  1872.     Am'd.  1880,  34. 

Cal.  Rep.  Cit.     68,  180. 

Grim.  Prac.  Act,  sec.  453.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212.     Am'd.   186.?,   161. 

8  1198.  Warrant,  how  served.  The  bench-warrant  may  be 
served  in  any  county  in  the  same  manner  as  a  warrant  of 
arrest,  except  that  when  served  in  another  county  it  need 
not  be  indorsed  by  a  magistrate  of  that  county.  En.  Febru- 
ary  14,  1872. 

Grim.  Prac.  Act,  sec.  455.  En.  Ajiril  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1199.  Arrest  of  defendant.  Whether  the  bench-warrant 
is  served  in  the  county  in  which  it  was  issued  or  in  another 
county,  the  officer  must  arrest  the  defendant  and  bring  him 
before  the  court,  or  commit  him  to  the  officer  mentioned  in 
the  warrant,  according  to  the  command  thereof.  En.  Feb- 
ruary 14,  1872. 

Grim.  Prac.  Act,  sec.  455.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  1200.     Arraignment  of  defendant  for  judgment.     When 

the  defendant  appears  for  judgment  he  must  be  informed 
by  the  court,  or  by  the  clerk,  under  its  direction,  of  the 
nature  of  the  charge  against  him    and  of  his  plea,  and  the 


425'  THE    JUDGMENT.  §§  1201,  1202 

verdict,  if  any  thereon,  and  must  be  asked  whether  he  has 
any  legal  cause  to  show  why  judgment  should  not  be 
pronounced  against  him.  En.  February  14,  1872.  Am'd. 
1880,  26. 

Cal.  Eep.  Cit.  64,  372;  70,  470;  87,  123;  88,.  120;  88,  142; 
88,  175;  88,  178;  102,  231;  114,  355;  118,  390;  132,  140; 
142,  97. 

Crim.  Prac.  Act,  sec.  456.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Cal.  Eep.  Cit.     31,  626. 

§  1201.     What  causes  may  be  shown    against    judgment. 

He  may  show,  for  cause  against  the  judgment: 

1.  That  he  is  insane;  and  if,  in  the  opinion  of  the  court, 
there  is  reasonable  ground  for  believing  him  insane,  the 
question  of  insanity  must  be  tried  as  provided  in  chapter 
six,  title  ten,  part  two  of  this  code.  If,  upon  the  trial  of 
that  question,  the  jury  finds  that  he  is  sane,  judgment  must 
be  pronounced,  but  if  they  find  him  insane,  he  must  be  com- 
mitted to  the  state  hospital  for  the  care  and  treatment  of 
the  insane,  until  he  becomes  sane;  and  when  notice  i'3 
given  of  that  fact,  as  provided  in  section  one  thousand  three 
hundred  and  seventy-two,  he  must  be  brought  before  the 
court  for  judgment; 

2.  That  he  has  good  cause  to  offer,  either  in  arrest  of 
judgment  or  for  a  new  trial;  in  which  case  the  court  may, 
in  its  discretion,  order  the  judgment  to  be  deferred,  and 
proceed  to  decide  upon  the  motion  in  arrest  of  judgment  or 
for  a  new  trial.  En.  February  14,  1872.  Am'd.  1905,  764. 
The   change   oonsists   in   the  substitution  of  the   words    "a   state   hospital 

for    the    care    an-J    treatment    of    the    insane"    for    "lunatic    asylum," 
after    "to." — Code    Commissioner's    Note. 

Cal.  Eep.  Cit.     62,  55;  68,  180;  70,  471;   114,  355;  142,  97: 

Subd.  1—122,  411.     Subd.  2—142,  94. 
Crim.  Prac.  Act,  sec.  457.     En.  April  20,  1850.     E*p.  1851, 
290.     En.  1851,  212. 

Punishment  of  person  while  insane:  See  post,  sec.  1367. 

§  1202,     If  no  cause  shown,  judgment  to  be  pronounced. 

If  no  sufficient  cause  is  alleged  or  appears  to  the  court  why 
judgment  should  not  be  pronounced,  it  must  thereupon  be 
rendered.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     70,  471;  133,  123. 


§  1203  THE    JUDGMENT.     '  426 

Crim.  Frac.  Act,  sec.  458.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Judgment,  rendition  of. — After  a  plea  or  verdict  of  guilty, 
the  court  must  appoint  a  time  for  pronouncing  judgment,  as 
provided  in  sec.  1191,  ante. 

§  1203.  Circumstances  in  aggravation  or  mitigation  of 
punishment.  x\fter  plea  or  verdict  of  guilty,  where  discre- 
tion is  conferred  upon  the  court  as  to  flbe  extent  of  the  pun- 
ishment, the  court,  upon  oral  suggestion  of  either  party  that 
there  are  circumstances  which  may  properly  be  taken  into 
view,  either  in  aggravation  or  mitigation  of  the  punishment, 
may  in  its  discretion,  hear  the  same  summarily  at  a  speci- 
fied time  and  upon  such  notice  to  the  adverse  party  as  it 
may  direct.  In  such  cases  and  after  the  case  of  the  defend- 
ant has  been  investigated  by  the  probation  officer  and  a 
written  report  filed  of  record  in  the  court  in  accordance  with 
this  statute,  and  in  accordance  with  section  131  of  the  Code 
of  Civil  Procedure,  the  court  shall  have  power  in  its  discre- 
tion to  place  the  defendant  upon  probation  in  the  manner 
following,  if  it  shall  appear  to  the  judge,  by  such  report  so 
furnished  by  the  probation  ofiicer  or  otherwise,  as  to  any 
such  defendant  over  the  age  of  sixteen  years  so  iiav^ing 
pleaded  guilty  or  having  been  convicted  of  crime,  that  there 
are  circumstances  in  mitigation  of  the  punishmeijt  or  that 
the  ends  of  justice  and  the  interest  of  society  and  the  re- 
form of  the  defendant  will  be  subserved  thereby,  viz.: 

1.  The  court,  judge  or  justice  thereof  may  suspend  the  im- 
posing of  sentence  and  may  direct  that  such  suspension  may 
continue  for  such  period  of  time,  not  exceeding  the  maxi- 
mum possible  term  of  such  sentence,  and  upon  such  terms 
and  conditions  as  it  shall  determine,  and  shall  place  such 
person  on  probation,  under  the  charge  and  supervision  of  the 
probation  officer  of  said  court  during  the  suspension,  or 
under  the  charge  and  supervision  of  the  probation  officer  of 
the  court  of  another  county,  where  the  court  shall  deem  it 
best  because  of  the  residence  or  place  of  occupation  or  em- 
ployment of  the  person  so  released  on  probation,  or  because 
the  ends  of  justice  or  reform  of  such  person  will  be  best 
subserved  thereby. 

2.  If  the  judgment  is  to  jjay  a  fine,  and  that  the  defendant 
be  imprisoned  until  it  be  paid,  the  court,  judge,  or  justice, 
upon  imposing  sentence,  may  direct  that  the  execution  of 
the  sentence  of  imprisonment  be  suspended  for  such  period 


427  THE    JUDGMENT.  §  1203 

of  tirae^  not  exceeding  the  maximum  p'ossible  term  of  sucTi 
sentence,  and  on  such  terms,  as  it  shall  determine,  and  shall 
place  the  defendant  on  probation,  under  the  charge  and  su- 
pervision of  the  probation  officer  during  such  suspension, 
to  the  end  that  he  may  be  given  the  opportunity  to  pay  the 
fine;  provided,  however,  that  upon  payment  of  the  fine  Toeing 
made,  judgment  shall  be  satisfied  and  the  probation  cease. 

3.  At  any  time  during  the  probationary  term  of  the  per- 
son released  on  probation,  in  accordance  with  the  provisions 
of  this  section,  any  probation  officer  may,  without  warrant, 
or  other  process,  at  any  ti?ne  until  the  final  disposition  of 
the  case,  rearrest  any  person  so  placed  in  his  care  and  bring 
him  before  the  court.  If  in  the  opinion  of  the  officer  it  is 
for  the  interest  of  justice  and  of  society  and  the  reform  of 
such  person  that  his  probation  be  revoked  and  that  he  be- 
committed  to  prison,  such  officer  shall  file  his  written  recom- 
mendation thereof  of  record  in  the  court;  or  the  court  may 
of  its  own  motion  in  its  discretion,  issue  a  warrant  for  the 
rearrest  of  any  such  person  and  may  thereupon  or  upon  such 
written  recommendation  of  such  probation  officer,  revoke 
and  terminate  such  probation,  if  the  interest  of  justice  and 
of  society,  or  the  reform  of  the  person  will  be  subserved 
thereby,  and  if  the  court,  in  its  judgment,  shall  have  reason 
to  believe  from  the  report  of  the  probation  officer,  or  other- 
wise, that  the  person  so  placed  upon  probation  is  violating 
the  conditions  of  his  probation,  or  engaging  in  any  crim- 
inal or  immoral  practices,  or  has  become  abandoned  to  im- 
proper associates,  or  a  vicious  life.  Upon  such  revocation 
and  termination,  the  court  may,  if  the  sentence  has  been  sus- 
pended, pronounce  judgment  at  anj'  time  after  the  said  sus- 
pension of  the  sentence  within  the  longest  period  for  which 
the  defendant  might  have  been  sentenced,  but  if  the  judg- 
ment has  been  pronounced  and  the  execution  thereof  has 
been  suspended,  the  court  may  revoke  such  suspension,  where- 
upon the  judgment  shall  have  full  force  and  effect,  and  the 
person  shall  be  delivered  over  to  the  proper  officer  to  serve 
his  sentence,  and  the  time  during  which  the  execution  of  such 
judgment  was  suspended  shall  not  count  as  any  part  of  anv 
term  of  imprisonment  provided  for,  b}^,  or  resulting  under 
such  judgment. 

4.  The  court  shall  have  power  at  any  time  during  the  term 
of  probation  to  revoke  or  modify  its  order  of  suspension  of 
imposition  or  execution  of  sentence.  It  may,  at  any  time, 
when  the  ends  of  justice  will  be  subserved  thereby,  and  when 
the  good  conduct  and  reform  of  the  person  so  held  on  proba- 


§§  1204-1206  THE    JUDGMENT.  _  428 

tion  shall  warrant  it,  terminate  the  period  of  probation  and 
discharge  the  person  so  held,  and  in  all  cases,  if  the  court 
has  not  seen  fit  to  revoke  the  order  of  probation  and  impose 
sentence  or  pronounce  judgment,  the  defendant  shall,  at  the 
end  of  the  term  of  probation,  be  by  the  court  discharged. 
En.  February  14,  1872.     Am'd.  1903,  34;  1905,  162. 

Cal.  Eep.  Cit.     122,  631. 

§  1204.  Proof  of  former  conviction,  etc.,  in  mitigation, 
how  made.  The  circumstances  must  be  presented  by  the 
testimony  of  witnesses  examined  in  open  court,  except  that 
when  a  witness  is  so  sick  or  infirm  as  to  be  unable  to  at- 
tend, his  deposition  may  be  taken  by  a  magistrate  of  the 
county,  out  of  court,  upon  such  notice  to  the  adverse 
party  as  the  court  may  direct.  No  affidavit  or  testimony, 
or  representation  of  any  kind,  verbal  or  written,  can  be 
offered  to  or  received  by  the  court,  or  a  judge  thereof, 
in  aggravation  or  mitigation  of  the  punishment,  except 
as  provided  in  this  and  the  preceding  section.  En.  Feb- 
ruary 14,   1872. 

§  1205.  Duration  of  imprisonment  on  judgment  to  pay 
a  fine.  A  judgment  tliat  the  defendant  pay  a  fine  may  also 
direct  that  he  be  imprisoned  until  the  fine  be  satisfied. 
But  the  judgment  must  specify  the  extent  of  the  imprison- 
ment, which  must  not  exceed  one  day  for  every  two  dol- 
lars of  the  fine,  nor  extend  in  any  case  beyond  the  term 
for  which  the  defendant  might  be  sentenced  to  imprison- 
ment for  the  offense  of  which  he  has  been  convicted.  En. 
February   14,   1872.     Am'd.   1873-4,   455;    1891,   52. 

Cal.  Eep.  Cit.  54,  205;  54,  206;  60,  435;  63,  300;  63,  301 
64,  438;  66,  186;  73,  495;  73,  496;  82,  274;  82,  522 
83,  389;  83,  390;  83,  391;  84,  166;  84,  167;  85,  38 
88,  580;   88,  627;   94,  333;   94,  334;   97,  528;    113,   37. 

Crim.  Prac.  Act,  sec.  459.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1206.  Judgment  to  pay  fine  constitutes  a  lien.  A  judg- 
ment that  a  defendant  pay  a  fine  with  or  without  the  alter- 
native of  imprisonment  constitutes  a  lien  in  like  manner  as 
a  judgment  for  money  rendered  in  a  civil  action.  En.  Feb- 
ruary 14,  1872.     Am'd.  1905,  764. 

The  amendment  makes  the  section  applicable  whether  the  fine  was  im- 
posed with  or  without  the  alternative  of  imprisonment.  (See  People 
V     Brown,    113    Cal.    35.)— Code    Commissioner's    Note. 


429  THE    JUDGMENT.  §  1207 

Cal.  Kep.  Cit.  113,  37;  129,  548. 

Crim.  Prac.  Act,  sec.  460.  En.  April  20,  1850.  Eep.  1851, 
290.  En.  1851,  212.  Am'd.  1857,  164. 

Cal.  Eep.  Cit.  7,  209;  28,  414. 

See  post,  sec.  1570.     Compare  with  post,  sec.  1214. 

§  1207.  Entry  of  judgment.  When  judgment  upon  a  con- 
viction is  rendered,  the  clerk  must  enter  the  same  in  the  min- 
utes, stating  briefly  the  offense  for  which  the  conviction  was 
had,  and  the  fact  of  a  prior  conviction,  if  any,  and  must, 
within  five  days,  annex  together  and  file  the  following 
papers,    which    constitute    a    record    of    the    action: 

1.  The  indictment  or  information,  and  a  copy  of  the  min- 
utes of  the  plea  or  demurrer; 

2.  A  copy  of  the  minutes  of  the  trial; 

3.  The  written  instructions  given,  modified,  or  refused, 
with  the  indorsements  thereon,  and  the  certified  transcript 
of  the  charge  of  the  court;  and, 

4.  A  copy  of  the  judgment.  En.  February  14,  1872. 
Am'd.   1873-4,  449;    1880,   26;    1905,   764. 

The  design  of  the  amendment  Is  to  conform  the  section  to  the  amend- 
ment to  section  1176.  To  effect  this  the  words  "and  the  certified 
transcript  of  the  charge  of  the  court"  are  inserted  after  "thereon." — 
Cole    Commissioner's    Note. 

Cal.  Eep.  Cit.  52,  480;  57,  565;  58,  252;  59,  651;  65,  234; 
65,  298;  71,  387;  73,  442;  77,  180;  78,  2;  88,  120;  88, 
140;  88,  175;  88,  487;  103,  510;  114,  354;  118,  329; 
120,  273;  121,  494;  127,  547;  133,  123;  145,  10. 

Crim.  Prac.  Act,  sec.  461,  En.  April  20,  1850.  Eep.  1851, 
21  J.     En.  1851,  212. 

Cal.  Eep.  Cit.  28,  415. 

§  1208.     [No  such  section.] 

Crim.  Prac.  Act,  sec.  462.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Cal.  Eep.  Cit.  28,  252;  31,  499;  31,  626;  37,  275;  37,  276; 
43,  457;  44,  599. 


§§  1213,  1214  THE    EXECUTION.  430 

CHAPTEE  II. 

THE    EXECUTION. 

§  1213.  Execution    of   a   judgment   other  than   of  death. 

§  1214.  If  for  fine   alone,    execution   to  issue  as  in  civil   cases. 

§  1215.  Judgment   of   fine   and   imprisonment,    how   executed. 

§  1216.  Judgment   of   imprisonment.     Duty   of    sheriff. 

§  1217.  Execution   upon  judgment   of  death. 

§  121S.  Transmission    of   conviction    and    testimony    to    governor. 

§  1219.  Governor  may  require  opinion  of  supreme  court  thereon. 

§  1220.  Judgment   of   death,    when   suspended. 

§  1221.  Insanity   of   defendant,    how    determined.  • 

§  1222.  Duty   of  district  attorney   upon  inquisition. 

§  1223.  Order    of    court    committing    insane   person    to    hospital. 

§  1224.  Defendant   found    to   be   sane,    duty   of   warden. 

§  1225.  Proceedings  when  female  is  supposed  to  be  pregnant. 

§  1226.  If   female   not   pregnant,    duty   of   warden. 

§  1227.  Judgment    of    death    remaining    in    force,    not    executed.     No    ap- 
peal   from    order    of   court. 

§  122S.  Punishment   of   death,    how    inflicted. 

§  1229.  Execution,    where   to   take   place   and   who    to   be   present. 

§  1200.  Return   upon    death-wairant. 

§  1213.  Execution  of  a  judgment  other  than  of  death. 
When  a  jiulgment,  other  than  of  death,  has  been  pro- 
nounced, a  certified  copy  of  the  entry  thereof  upon  the 
minutes  must  be  forthwith  furnished  to  the  officer  whose 
duty  it  is  to  execute  the  judgment,  and  no  other  warrant 
or  authority  is  necessary  to  justify  or  require  its  execution. 
En.  February  14,  1872. 

Cal.  Rep.  Cit.     103,  413;  135,  342. 

Crim.  Prac.  Act,  sec.  643.  En.  April  20,  1850.  Rep.  1851, 
290.  En.  1851,  212. 

Cal.  Rep.  Cit.  28,  253;  31,  499;  31,  622;  43,  457;  103,  413. 

§  1214.  If  for  fine  alone,  execution  to  issue  as  in  civil 
cases.  If  the  judgment  is  for  a  fine  with  or  without  im- 
prisonment, execution  may  be  issued  thereon  as  on  a  judg- 
ment in  a  civil  action.  En.  February  14,  1872.  Am'd.  1905, 
698. 

The  amendment  makes  the  rule  of  the  section  applicable,  though  the 
punishment  include  imprisonment  as  well  as  fine.  (See  People  v. 
Brown.    113   Cal.   35.)— Code  Commissioner's  Note. 

Cal.  Rep.  Cit.     64,  156;  64,  438;  83,  390;  83,  391;  113,  37; 

129,  548. 
Crim.  Prac.  Act,  sec.  464.     En.  April  20,  1850.     Rep.  1851, 
290.     En.  1851,  212. 
See  ante,  sec.   1206. 


431  THE    EXECUTION.  §§  1215-1:17 

§  1215.  Judgment  of  fine  and  imprisonment,  how  exe- 
cuted. If  the  jiulgmeut  if  for  imprisonment,  or  a  fine  and 
imprisonment  until  it  be  paid,  the  defendant  must  fortli- 
with  be  committed  to  the  custody  of  the  proper  officer 
and  by  him  detained  until  the  judgment  is  complied  with. 
Where,  however,  the  court  has  suspended  sentence,  or  where, 
after  imposing  sentence,  the  court  has  suspended  the  exe- 
cution thereof  and  placed  the  defendant  on  probation,  as 
provided  in  section  twelve  hundred  and  three  of  the  Penal 
Code,  the  defendant,  if  over  the  age  of  sixteen  years, 
must  forthwith  be  placed  under  the  care  and  supervision  of 
the  probation  officer  of  the  court  committing  him,  until 
the  expiration  or  the  period  of  probation  and  the  compli- 
ance with  the  terms  and  conditions  of  the  sentence,  or 
of  the  suspension  thereof.  Where,  however,  the  probation 
has  been  terminated  as  provided  in  section  twelve  hun- 
dred and  three  of  the  Penal  Code,  and  the  suspension  of 
the  sentence,  or  of  the  execution  revoked,  and  the  judg- 
ment pronounced,  the  defendant  must  forthwith  be  com- 
mitted to  the  custody  of  the  proper  officer  and  be  de- 
tained until  the  judgment  be  complied  with.  En.  February 
14,   1872.     Am'd.   1903,   35. 

Cal.  Eep.  Cit.     63,  300;   64,  438;   83,  390;   94.  390. 
Crim.  Prac.  Act,  sec.  465.     En.  April  20,  1850.     Eep.  1851, 
290.     En.   1851,  212. 
Cal.  Eep.  Cit.     31,  627. 
Payment   of   fine:    See   ante,   sec.    1205. 

§  1216.  Judgment  of  imprisonment.  Duty  of  sheriff.  If 
the  judgment  is  for  imprisonment  in  the  state  prison,  the 
sheriff  of  the  county  must,  upon  receipt  of  a  certified  copy 
thereof,  take  and  deliver  the  defendant  to  the  warden  of 
the  state  prison.  He  must  also  deliver  to  the  warden 
the  certified  copy  of  the  judgment,  and  take  from  the  war- 
den a  receipt  for  the  defendant.     En.  February  14,   1872. 

Cal.  Eep.  Cit.     1.35,  340;    135,  342;   136,  21. 
Execution:    Ante,   sec.    1213. 

§  1217.  Execution  upon  judgment  of  death.  When  judg- 
ment of  death  is  rendered,  a  warrant,  signed  by  the  judge, 
and  attested  by  the  clerk,  under  the  seal  of  the  court,  must 
be  drawn  and  delivered  to  the  sheriff.  It  must  state  the 
conviction  and  judgment,  and  appoint  a  day  on  which  the 
judgment   is   to   be   executed,  which   must   not   be   less   than 


§§  121S-1221  THE    EXECUTION.  432 

sixty  nor  more  than  ninety  days  from  the  time  of  judg- 
ment, and  must  direct  the  sheriff  to  deliver  the  defendant, 
within  ten  days  from  the  time  of  judgment,  to  the  warden 
of  one  of  the  state  prisons  of  this  state,  for  execution, 
such  prison  to  be  designated  in  the  warrant.  En.  February 
14,  1872.     Am'd.  1891,  272. 

Cal.  Eep.  Cit.     54,  92;  68,  180;   68,  181;  93,  439;   95,  429; 
119,  208;    141,   554. 

Crim.  Prae.  Act,  sec.  466.  En.  April  20,  1850.  Eep.  1851, 
290.     En.    1851,   212. 

§  1218.  Transmission  of  conviction  and  testimony  to 
governor.  The  judge  of  the  court  of  which  a  conviction 
requiring  judgment  of  death  is  had,  must,  immediately 
after  the  conviction,  transmit  to  the  governor,  by  mall 
or  otherwise,  a  statement  of  the  conviction  and  judgment, 
and  of  the  testimony  given  at  the  trial.  En.  February  14, 
1872. 

Cal.  Eep.  Cit.     68,  180;  68,   182. 

Crim.  Prac.  Act,  sec.  467.  En.  April  20,  1850.  Eep.  1851. 
290.     En.    1851,   212. 

§  1219.  Governor  may  require  opinion  of  supreme  court 
thereon.  The  governor  may  thereupon  require  the  opinion 
of  the  justices  of  the  supreme  court  and  of  the  attorney- 
general,  or  any  of  them,  upon  the  statement  so  furnished. 
En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  468.  En.  April  20,  1850.  Eep.  1851, 
290.     En.    1851,   212. 

§  1220.  Judgment  of  death,  when  suspended.  No  judge, 
court,  or  officer,  other  than  the  governor,  can  suspend  the 
execution  of  a  judgment  of  death,  except  the  warden  of 
the  state  prison  to  whom  he  is  delivered  for  execution,  as 
provided  in  the  six  succeeding  sections,  unless  an  appeal  is 
taken.     En.  February  14,  1872.     Am'd.  1891,  273. 

Crim.  Prac.  Act,  sec.  469.  En.  April  20,  1850.  Eep.  1851, 
290.     En.    1851,   212. 

§  1221.  Insanity  of  defendant,  how  determined.  If,  after 
his  delivery  to  the  warden  for  execution,  there  is  good  rea- 


433  THE    EXECUTION.  §  1223 

son  to  believe  that  a  defendant,  under  judgment  of  death, 
has  become  insane,  the  warden  must  call  such  fact  to  the 
attention  of  the  district  attorney  of  the  county  in  which 
the  prison  is  situated,  whose  duty  it  is  to  immediately  file  in 
the  superior  court  of  such  county  a  petition,  stating  the  con- 
viction and  judgment,  and  the  fact  that  the  defendant  is 
believed  to  be  insane,  and  asking  that  the  question  of  his 
sanity  be  inquired  into.  Thereupon  the  court  must  at  once 
cause  to  be  summoned  and  impaneled,  from  the  regular  jury 
list  of  the  county,  a  jury  of  twelve  persons  to  hear  such  in- 
quiry.    Ell.  February  14,  1872.     Am'd.  1891,  273;   1905,  698. 

The  amendment  is  designed  to  permit  the  warden  to  act  without  pro- 
curing the  concurrence  of  the  judge  of  the  superior  court,  and  re- 
quires the  district  attorney  to  act  upon  the  suggestion  of  the  warden 
by  filing  a  petition  and  taking  proceedings  thereunder  to  ascertain 
whether  the  defendant  is  insane. — Code  Commissioner's  Note. 

Crim.  Prac.  Act,  sec.  470.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212, 

§  1222.     Duty  of  district  attorney  upon  incLuisition,     The 

district  attorney  must  attend  the  hearing,  and  may  produce 
witnesses  before  the  jury,  for  which  purpose  he  may  issue 
process  in  the  same  manner  as  for  witnesses  to  attend  before 
the  grand  jury,  and  disobedience  thereto  may  be  punished 
in  like  manner  as  disobedience  to  process  issued  by  the 
court.     En.   February    14,    1872.     Am'd.   1905,   699. 

The  change  consists  in  the  substitution  of  the  word  "hearing"  tor 
"inquisition.'' — Code   Commissioner's  Note. 

Crim.  Pra«.  Act,  sec.  471.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  1223.  Order  of  court  committing  insane  person  to  hos- 
pital. The  verdict  of  the  jury  must  be  entered  upon  the 
minutes,  and  thereupon  the  court  must  make  and  cause  to 
be  entered  an  order  reciting  the  fact  of  such  inquiry  and 
the  result  thereof,  and  when  it  is  found  that  the  defendant 
is  insane,  the  order  must  direct  that  he  be  taken  to  one  of 
the  state  hospitals  for  the  insane,  and  there  kept  in  safe 
confinement  until  his  reason  is  restored.  En.  February  14 
1872.     Am'd.    1891,   273;    1905,   699. 

The  amendment  requires  the  verdict  to  be  entered  upon  the  minutes, 
and  the  court  to  thereupon  enter  an  order  for  the  confinement  of  the 
defendant  in  a  hospital  if  he  is  found  to  be  insane. — Code  Commis- 
sioner's   Note. 

Crim,  Prac,  Act,  sec.  472.     En.  April  20,  1850,     Eep,  1851, 
290,     En.    1851,   212, 
Pen.  Code— 28 


§§  1224-1225  THE    EXECUTION.  434 

§  1224.     Defendant  found  to  be  sane,  duty  of  warden.    If 

it  is  found  that  the  defendant  is  sane,  the  warden  must 
proceed  to  execute  the  judgment  as  specified  in  the  war- 
rant; if  it  is  found  that  the  defendant  is  insane,  the  warden 
must  suspend  the  execution,  and  transmit  a  certified  copy  of 
the  order  mentioned  in  the  last  section  to  the  governor,  and 
deliver  the  defendant,  together  with  a  certified  copy  of 
such  order,  to  the  medical  superintendent  of  the  hospital 
named  in  such  order.  When  the  defendant  recovers  his  rea- 
son, the  superintendent  of  such  hospital  must  certify  that 
fact  to  the  governor,  who  must  thereupon  issue  to  ttfe  warden 
his  warrant,  appointing  a  day  for  the  execution  of  the  judg- 
ment.    En.  February   14,   1872.     Am'd.   1891,  273;    1905,  699. 

The  amendment  provides  for  the  action  to  be  talven  when  the  defend- 
ant recovers  his  reason,  and  consists  in  strilcing  out  all  of  the  words 
following  "execution,"  and  in  substituting  new  provisions  in  lieu 
thereof. — Code    Commissioner's    Note. 

Cal.  Eep.  Cit.     141,  554. 

Crim.  Prac.  Act,  sec.  473.  En.  April  20,  1850.  Eep.  1851, 
290.     En.    1851,   212. 

Crim.  Prac.  Act,  sec.  474.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 

§  1225.  Proceedings  when  female  is  supposed  to  be  preg- 
nant. If  there  is  good  reason  to  believe  that  a  female 
against  whom  a  judgment  of  death  is  rendered  is  pregnant, 
such  proceedings  must  be  had  as  are  provided  in  section 
twelve  hundred  and  twenty-one,  except  that  instead  of  a 
jury,  as  therein  provided,  the  court  may  summon  three  dis- 
interested physicians,  of  good  standing  in  their  jirofession, 
to  inquire  into  the  supposed  pregnancy,  who  shall,  in  the 
presence  of  the  court,  but  with  closed  doors,  if  requested  by 
the  defendant,  examine  the  defendant  and  hear  any  evi- 
dence that  may  be  produced,  and  make  a  written  finding 
and  certificate  of  their  conclusion,  to  be  approved  by  the 
court  and  spread  upon  the  minutes.  The  provisions  of  sec- 
tion twelve  hundred  and  twenty-two  apply  to  the  proceed- 
ings upon  such  inquiry.  En.  February  14,  1872.  Am'd. 
1891,   273;    1905,   699. 

The  amendment  conforms  the  section  to  the  proposed  change  in  section 
1221. — Code    Commissioner's    Note. 

Crim.  Prac.  Act,  sec.  475.  En.  A^jril  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 


435  THE    EXECUTION.  §§  1226,  1227 

§  1226.  If  female  is  not  pregnant,  duty  of  warden.  If  it 
is  found  that  the  female  is  not  pregnant,  the  warden  must 
execute  the  judgment;  if  it  is  found  that  she  is  pregnant 
the  warden  must  suspend  the  execution  of  the  judgment,  and 
transmit  a  certified  copy  of  the  finding  and  certificate  to 
the  governor.  When  the  governor  receives  from  the  warden 
a  certificate  that  the  defendant  is  no  longer  pregnant,  he 
must  issue  to  the  warden  his  warrant  appointing  a  day  for 
the  execution  of  the  judgment.  En.  February  14,  1872. 
Am'd.  1891,  274;   1905,  699. 

The  change  consists  in  the  insertion  of  the  words  "certified  copy 
of  the  finding  and  certificate,"  and  in  the  ad-dition  of  the  provision 
relative  to  the  Governor's  issuing  his  warrant  upon  receiving  a  cer- 
tificate  from   the   warden. — Code   Commissioner's   Note. 

Cal.   Eep.    Cit.     141,   554. 

Crim.  Prac.  Act,  ^ec.  476.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 

Crim.  Prac.  Act,  sec.  477.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 

§  1227.  Judgment  of  death  remaining  in  force,  not  exe- 
cuted; no  appeal  from  order  of  court.  Tf  for  any  reason 
a  judgment  ojl  death  has  not  been  executed,  and  it  remains 
in  force,  the  court  in  which  the  conviction  is  had,  on  the  ap- 
plication of  the  district  attorney  of  the  county  in  which  the 
conviction  is  had,  must  order  the  defendant  to  be  brought 
before  it,  or  if  he  is  at  large,  a  warrant  for  his  apprehension 
may  be  issued.  Upon  the  defendant  being  brought  before 
the  court,  it  must  inquire  into  the  facts,  and  if  no  legal  rea- 
son exists  against  the  execution  of  the  judgment,  must  make 
an  order  that  the  warden  of  the  state  prison  to  whom  the 
sheriff  is  directed  to  deliver  the  defendant  execute  the  judg- 
ment at  a  specified  time.  The  warden  must  execute  the  judg- 
ment accordingly.  From  an  order  directing  and  fixing  the 
time  for  the  execution  of  a  judgment,  as  herein  provided, 
there  is  no  appeal.  En.  February  14,  1872.  Am'd.  1891, 
274;  1905,  700. 

The  change  ■  jonsists  in  the  addition  of  the  last  sentence,  which  pro- 
vides that  no  appeal  can  be  taken  from  the  order  fixing  the  time 
for   the   execution   of    the   judgment.— Code   Commissioner's   Note. 

Cal.  Eep.  Cit.  54,  93;  61,  539;  61,  540;  68,  180;  93,  439; 
119,  207;  119,  208;  120,  627;  120,  628;  123,  489;  141, 
554. 

Crim.  Prac.  Act,  see.  478.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

15 


§§  1228-1230  THE    EXECUTION.  436 

Cal.  Eep.  Cit.  39,  104. 

Crim.  Prac.  Act,  sec.  479.     En.  April  20,  1850.     Eep.  1851, 
290.     En.   1851,   212. 
Cal.  Eep.  Cit.  39,  104. 

§  1228.  Punishment  of  death,  how  inflicted.  The  punish- 
ment of  death  must  be  inflicted  by  hanging  the  defendant  by 
the  neck  until  he  is  dead.     En.  February  14,  1872. 

Cal.  Eep.  Cit.  59,  357. 

Crim.  Prac.  Act,  sec.  480.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,   212. 

Warrant  of  execution:  Sec.  1217, 

§  1229.  Execution,  where  to  take  place  and  who  to  be 
present.  A  judgment  of  death  must  be  executed  within 
the  walls  of  one  of  the  state  prisons  designated  by  the  court 
by  which  judgment  is  rendered.  The  warden  of  the  state 
prison  where  the  execution  is  to  take  place  must  be  present 
at  the  execution  and  must  invite  the  presence  of  a  physician, 
the  attorney-general  of  the  state,  and  at  least  twelve  repu- 
table citizens,  to  be  selected  by  him;  and  he  shall,  at  the 
request  of  the  defendant,  permit  such  ministers  of  the  gos- 
pel, not  exceeding  two,  as  the  defendant  may  name,  and  any 
persons,  relatives  or  friends,  not  to  exceed  five,  to  be  pres- 
ent at  the  execution,  together  with  such  peace  officers  as  he 
may  think  expedient,  to  witness  the  execution.  But  no  other 
persons  than  those  mentioned  in  this  section  can  be  present 
at  the  execution,  nor  can  any  person  under  age  be  allowed 
to  witness  the  same.  En.  February  14,  1872.  Am'd.  1891, 
274. 

Cal.  Eep.  Cit.     59,  355;   59,  357;   93,  439;  95,  429. 

§  1230.  Return  upon  death-warrant.  After  the  execu- 
tion, the  warden  must  make  a  return  upon  the  death-warrant 
to  the  court  by  which  the  judgment  was  rendered,  showing 
the  time,  mode,  and  manner  in  which  it  was  executed.  En. 
February  14,  1872.     Am'd.  1891,  274. 


<37  APPEALS,    WHEN    ALLOWED.  §  1235 

TITLE  IX. 

OF  APPEALS  TO  THE  SUPKEME  COURT. 

Chapter  I.     Appeals,    when    Allowed    and   How    Taken,    and 

the  Effect  Thereof,  §§  1235-1246. 
II.     Dismissing  an   Appeal  for  Irregularity,   §§   1248, 
1249. 

III.  Argument  of  the  Appeal,  §§  1252-1255. 

IV.  Judgment  upon  Appeal,  §§  1258-1265. 

CHAPTER  I. 

APPEALS,    WHEN    ALLOWED   AND   HOW    TAKEN,    AND   THE    EF- 
FKCT     THEREOF. 

§  1235.  Appeal,   by   whom  taken,   on  questions  of  law   alone. 

§  1236.  Parties,    how    designated    on    appeal. 

§  1237.  Appeal,    when   may    be   taken   by   the   defendant. 

§  1238.  In    what   cases  by   the  people. 

§  1239.  Appeals,   within   what  time  to  be  taken. 

§  1240.  Appeal,    how   taken. 

§  1241.  When   notioe   may   be   served  by  publication. 

§  1242.  Effect  of  an  appeal  by  the  people. 

§  1243.  Effect   of  an  appeal  by  the  defen'dant. 

§  1244.  Same. 

§  1245.  Same. 

§   1246.  Duty  of  clerks  upon   appeal. 

§  1235.  Appeal,  by  whom  taken,  on  questions  of  law 
alone.  Either  party  in  a  prosecution  by  indictment  or  in- 
formation may  appeal  to  the  supreme  court  on  questions  of 
law  alone,  as  prescribed  in  this  chapter.  En.  February  14, 
1872.     Am'd.   1905/  700. 

The  amendment  is  desigred  to  make  the  section  conform  to  Articie 
VI,  section  4.  of  the  Constitution,  which  provides  that  the  Suprem*^ 
Court  has  jurisdiction  "in  all  criminal  cases  prosecuted  by  indict- 
ment or  information  in  a  court  of  record,  on  questions  of  law- 
alone."  it  having  been  held  (in  People  v.  Jordan,  65  Cal.  644')  that  It 
has  jurisdiction  in  all  such  cases,  and  that  if  its  jurisdiction  by 
appeal  is  restricted  to  .cases  of  felony,  it  would  devolve  upon  it  to 
establish  some  appropriate  system  of  appellate  procedure  by  which 
it  could  review  all  other  convictions  based  upon  an  indictment  or 
information.— Code  Commissioner's   Note. 

Cal.  Rep.  Cit.     65,  645;  108,  663;  109,  279. 
Grim.  Prac.  Act,  sec.  481.     En.  April  20,  1850.     Rep.  1851, 
290.     En.  1851,  212.     Am'd.  1858,  218;   1863,  162. 

Cal.   Rep.   Cit.     9,   86;    31,  565;   34,  308;    39,   609;   42,   624- 
44,  385. 


§§   1236-1238  APPEALS,    WHEN    ALLOWED.  438 

Crim.  Prae.  Act,  sec.  482,  En.  April  20,  1850.  "Eep.  1851, 
290.     En.  1851,  212.     Am'd.  1858,  218;  1866,  306  (in  part). 

Under  the  present  constitution  the  appellate  jurisdiction 
of  the  supreme  court  in  criminal  cases  extends  to  "all 
criminal  cases  prosecuted  by  indictment  or  information  in 
a  court  of  record":.  Const.  Cal.  1879,  art.  VI,  sec.  4. 

§  1236,  Parties,  how  designated  on  appeal.  The  party  ap- 
pealing is  known  as  the  appellant,  and  the  adverse  party  as 
the  respondent,  but  the  title  of  the  action  is  not  changed 
in  consequence  of  the  appeal.     En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  483.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 

§  1237.     Appeal,  when  may  be  taken  by  the  defendant. 

An  appeal  may  be  taken  by  the  defendant: 

1.  From  a  final  judgment  of  conviction. 

2.  From  an  order  denying  a  motion  for  a  new  trial. 

3.  From  any  order  made  after  judgment,  affecting  the 
substantial  rights  of  the  party.     En.  February  14,  1872. 

Cal.  Eep.  Cit.  54,  92;  65,  100;  65,  101;  77,  309;  82,  615; 
115,  161;  117,  666;  119,  2;  132,  15;  138,  33.  Subd.  1— 
119,  57.     Subd.  3—95,  595;   119,  209;   136,  20. 

§  1238.  In  what  cases  by  the  people.  An  appeal  may  be 
taken  by  the  people: 

1.  From  an  order  setting  aside  the  indictment  or  informa- 
tion; 

2.  From  a  judgment  for  the  defendant  on  a  demurrer  to 
the  indictment,  accusation  or  information; 

3.  From  an  order  granting  a  new  trial; 

4.  From  an  order  arresting  judgment; 

5.  From  an  order  made  after  judgment,  affecting  the  sub- 
stantial rights  of  the  people; 

En.  February  14,  1872.     Am'd.   1880,  26;   1897,  195;   1905, 

700. 

The  cjiange  consists  in  the  omission  of  subdivision  6,  because  the 
court  cannot  make  the  order  therein  referred  to,  its  action  being 
limited  to  advising  the  jury  to  acquit;  and  if  this  advice  is  followed, 
an  appeal  is  necessarily  unavailing,  because  a  defendant  after  his 
acquittal  cannot  be  placed  upon  trial.  (See  People  v.  Stoll,  2S  Cal. 
Dec,    p.   22.)— Co-de   Commissioner's  Note. 


1339.  An  appeal  from  a  judgment  must  be  taken  within 
linety  days  after  its  rendition  and  from  an  order  within 
lixty  days  after  it  is  made.  (In  effect  60  days  from  and 
tfter  March  18,   1907.) 


439  APPEALS,    WHEN   ALLOWED.  §§  1239-1241 

Cal.  Rep.  Cit.  65,  79;  65,  644;  70,  18;  71,  546;  107,  478; 
113,  474;  114,  68;  114,  69'.     Subd.  5—114,  64. 

§  1239.  Appeals,  within  what  time  to  be  taken.  Ap  ap- 
peal from  a  judgment  must  be  taken  within  one  year  after 
its  rendition,  and  from  an  order,  within  sixty  days  after 
it  is  made.     En.  February  14,   1872. 

Cal.  Rep.  Cit.  53,  630;  95,  595;  105,  263;  132,  139;  136, 
21. 

Grim.  P|ac.  Act,  sec.  485.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  1240.  Appeal,  how  taken.  An  appeal  is  taken  by  fil- 
ing with  the  clerk  of  the  court  in  which  the  judgment  or 
order  appealed  from  is  entered,  a  notice  stating  the  appeal 
from  the  same,  and  serving  a  copy  thereof  upon  the  at-, 
torney  of  the  adverse  party.  En.  February  14,  1872.  Am'd. 
1905,   701. 

The  change  consists  in  the  omission  of  the  words  "or  filed,"  after 
"entered." — Code    Commissioner's    Note. 

Cal.  Rep.  Cit.  49,  455;  56,  120;  62,  482;  66,  11;  70,  34; 
77,   309;    119,   669. 

Crim.  Prac.  Act,  sec.  486.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,  212. 

Crim.  Prac.  Act,  sec.  487.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,  212. 

Crim.  Prac.  Act,  sec.  488.  En.  April  20,  1850.  Reg.  1851, 
290.     En.   1851,  212. 

Cal.  Rep.  Cit.     34,  308. 

§  1241.  When  notice  may  be  served  by  publication.  If 
personal  service  of  the  notice  cannot  be  made,  the  judge  of 
the  court  in  which  the  action  was  tried,  upon  proof  thereof, 
by  affidavit  filed  therein,  may  make  an  order  for  the  pub- 
lication of  the  notice  in  some  newspaper,  for  a  period  not 
exceeding  thirty  days.  Such  publication  is  equivalent  to 
personal  service.     En.  February   14,  1872.     Am'd.  1905,  701. 

The  change  consists  in  the  insertion  of  the  words  "by  affidavit  flled 
therein,"  after  "thereof,"  the  present  section  being  entirely  silent 
respecting   the   mode   of   proof. — Code    Commissioner's    Note. 

Cal.  Rep.  Cit.  49,  455. 

Crim.  Prac.  Act,  sec.  489.  En.  April  20,  1850.  Rep.  1851, 
290.  En.  1851,  212. 


§§   lL'42-1246  APPEALS,    WHEN    ALLOWED.  440 

§  1242.  Effect  of  an  appeal  by  the  people.  An  appeal 
taken  by  the  people  in  no  case  stays  or  affects  the  opera- 
tion of  a  judgment  in  favor  of  the  defendant,  until  judg- 
ment is  reversed.     En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  490.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  1243.  Effect  of  an  appeal  by  the  defendant.  An  appeal 
to  the  supreme  court  from  a  judgment  of  conviction  stays 
the  execution  of  the  judgment  in  all  capital  ckses  and 
in  all  other  cases,  upon  filing  with  the  clerk  of  the  court 
in  which  the  conviction  was  had,  a  certificate  of  the  judge 
of  such  court,  or  of  a  justice  of  the  supreme  court,  that, 
in  his  opinion,  there  is  probable  cause  for  the  appeal, 
but  not  o"ierwire.  En.  Februarv  14,  1872.  Am'd.  1873-4, 
450. 

Cal.  Rep.  Cit.     45,  305;  49,  682;  68,  180;  81,  164;  81,  166; 

95,  596;  96,  596;  96,  597;  104,  401;  119,  129;   119,  209; 

125,  252;  135,  60;  144,  657. 
Crim.  Prac.  Act,  sec.  491,     En.  April  20,  1850.     Rep.  1851, 
290.     En.  1851,  212. 
Cal.  Rep.  Cit.     32,  43, 

§  1244.  Same.  If  the  certificate  provided  for  in  the 
preceding  section  is  filed,  the  sheriff  must,  if  the  defend- 
ant be  in  his  custody,  upon  being  served  with  a  copy 
thereof,  keep  the  defendant  in  his  custody  without  execut- 
ing the  judgment,  and  detain  him  to  abide  the  judgment 
on  appeal.     En.  February  14,   1872. 

§  1245.  Same.  If  before  the  granting  of  the  certificate, 
the  execution  of  the  judgment  has  commenced,  the  further 
exec-'ion  thereof  is  suspended,  and  upon  service  of  a  copy 
of  such  certificate  the  defendant  must  be  restored,  by  the 
officer  in  whose  custody  he  is,  to  his  original  custody.  En. 
February  14,   1872.     Aioi'd.   1905,  701. 

The    change    consists    in    the    insertion    of    the    words    "the    execution    of 
the"    before    "judgment."— Code    Commissioner's    Note. 

§  1246.  Duty  of  clerks  upon  appeal.  Upon  the  appeal 
being  taken,  the  clerk  of  the  court  with  whom  the  notice 
of  appeal  is  filed  must,  within  twenty  days  thereafter, 
in  case  the  bill  o-  exceptions  has  been  settled  by  the  judge 
before   the   giving  of   said   notice,   but   if   not,   then   within 


441  DISMISSING   AN   APPEAL.  §§  1248,  1249 

twenty  days  from  the  settlement  of  the  bill  of  exceptions, 
without  charge,  transmit  to  the  clerk  of  the  appellate 
court,  fifteen  printed  copies  (one  of  which  shall  be  certi- 
fied to  and  be  the  original)  of  the  notice  of  appeal,  the 
record,  and  of  all  bills  of  exceptions;  and  upon  the  re- 
ceipt thereof,  the  clerk  of  the  appellate  court  must  file 
the  original,  and  dispose  of  the  copies  as  he  is  required 
to  do  in  the  case  of  transcripts  on  appeal  in  civil  cases, 
and  all  his  services  as  provided  herein  must  be  without 
charge.  The  clerk  of  the  lower  court  must  also  within 
the  time  above  specified  serve  printed  copies  of  the  above 
named  papers  without  charge  upon  the  defendant's  at- 
torney and  upon  the  attorney-general.  The  printing  of  the 
above  named  papers  is  a  county  charge.  En.  February  14, 
1872.     Am'd.  1880,  9;  1889,  325. 

Cal.  Eep.  Cit.     49,  649;   84,  582;   115,  167;   120,  554. 
Crim.  Prac.  Act,  sec.  492,     En.  April  20,  1850.     Eep.  1851, 
290.     En.  1851,  212.     Am'd.  1862,  536. 


CHAPTEE  II. 

DISMISSING    AN    APPEAL   FOR    IKKEGULAKITY. 

§  124S.     For    what    irregularity,    and    how    dismissed. 
§  1240.     Dismissal    for    want    of   a    return. 

§  1248.  For  what  irregularity,  and  how  dismissed.  If 
the  appeal  is  irregular  in  any  substantial  particular,  but 
not  otherwise,  the  appellate  court  may,  on  any  day,  on 
motion  of  the  respondent,  upon  five  days'  notice,  accom- 
panied with  copies  of  the  papers  upon  which  the  motion 
is  founded,  order  it  to  be  dismissed.  En.  February  14, 
1872.     Am'd.   1880,   10. 

Cal.  Eep.  Cit.     69,  238;   95,  595;   132,   139. 
Crim.  Prac.  Act,  sec.  493.     En.  April  20,  1850.     Eep.  1851, 
290.     En.  1851,  212. 

§  1249.  Dismissal  for  want  of  a  return.  The  court  may 
also,  upon  like  motion,  dismiss  the  appeal,  if  the  return 
is  not  made  as  provided  in  section  one  thousand  two  hun- 
dred and  forty-six,  unless  for  good  cause  they  enlarge  the 
time  for  that  purpose.     En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  494.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 


§§  1252-1255  ARGUMENT    OF   THE   APPEAL.  442 

CHAPTEE  m. 

ARGUMENT     OF     THE     AFFKAU 

§  1252.  Appeals,    when   to   be   hearj   and   determined. 

§  1253.  Judgment   cannot   be   reversed   without  argument. 

§  12.54.  Number  of   counsel   to  be   heard. 

§  1253.  Defendant    need    not    be    present. 

§  1252.    Appeals,  when  to  he  heard  and  determined.     All 

appeals  in  criminal  cases  must  be  heard  and  determined 
by  the  appellate  court  within  sixty  days  after  the  record 
is  filed  in  said  appellate  court,  unless  continued  on  motion 
or  with  the  consent  of  the  defendant.  En.  February  14, 
1872.     Am'd.   1880,   10. 

Cal.  Eep.  Cit.     91,  29;   97,  249. 

Crim.  Prac.  Act,  sec.  495.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1253.  Judgment  cannot  be  reversed  without  argument. 
The  judgment  may  be  affirmed  if  the  appellant  fail  to  ap- 
pear, but  can  be  reversed  only  after  argument,  though  the 
respondent   fail   to   appear.     En.   February   14,   1872. 

Cal.  Eep.  Cit.     55,  298;  97,  248. 

Crim.  Prac.  Act.  sec.  496.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1254.  Number  of  counsel  to  be  heard.  Upon  the  argu- 
ment of  the  appeal,  if  the  offense  is  punishable  with  death, 
two  counsel  must  be  heard  on  each  side,  if  they  require 
it.  In  any  other  case  the  court  may,  in  its  discretion,  re- 
strict the  argument  to  one  counsel  on  each  side.  En.  Feb- 
ruary 14,  1872. 

Cal.   Eep.   Cit.     55,   298. 

Crim.  Prac.  Act,  sec.  497.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212.     Am'd.  1854,  81. 

§  1255.  Defendant  need  not  be  present.  The  defendant 
need  not  personally  appear  in  the  appellate  court.  En.  Feb- 
ruary 14,  1872. 

Cal.  Eep.  Cit.     55,  298. 

Crim.  Prac.  Act,  sec.  498.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212.     Am'd.  1863,  162. 


443  JUDGMENT   UPON   APPEAL.  §§  1258-1260 

CHAPTEE  IV. 

JUDGMENT    UPON   APPEAL,. 

§  12.5S.  Judgment  without  regard  to  technical  errors. 

§  1259.  What  may  be  reviewed  on  an  appeal  by  defendant. 

§  1260.  May    reverse,    affirm,    or   modify   the    judgment,    and    order    new 

trial. 

§  1261.  New   trial,   where  to  be  had. 

§  1262.  Defendant   discharged   on  reversal   of  judgment. 

5  1263.  Judgment   to   be   executed   on   affirmance. 

§  1264.  Judgment  upon   appeal,    how   entered   and   remitted. 

§  1265.  Jurisdiction  ceases  after  judgment  remitted. 

§  1258.     Judgment    without     regard    to    technical    errors. 

After  hearing  the  appeal,  the  court  must  give  judgment 
without  regard  to  technical  errors  or  defects,  or  to  excep- 
tions, which  do  not  affect  the  substantial  rights  of  the 
parties.     En.   February    14,    1872. 

Cal.  Eep.  Cit.  47,  120;  50,  471;  53,  495;  55,  525;  56,  407; 
57,  99;  57,  100;  58,  266;  59,  377;  59,  604;  62,  520;  63, 
615;  65,  149;  65,  566;  71,  387;  73,  316;  88,  139;  88, 
489;  90,  572;  94,  119;  94,  120;  102,  387;  104,  484;  105, 
264;  106,  40;  109,  297;  115,  60;  117,  657;  120,  274; 
133,  73;  133,  124;  137,  264;  137,  267;  138,  536;  139, 
116;   139,  162;   141,  534;   144,   756;   145,  504;   147,  553. 

Crim.  Prac.  Act,  sec.  499.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 

Cal.  Eep.  Cit.     44,  95. 

§  1259.    What  may  be  reviewed  on  an  appeal  by  defend- 
ant.    Upon  an  appeal  taken  by  the  defendant  from  a  judg- 
ment the  court  may  review  any  intermediate  order  or  ruling ' 
involving  the  merits,  or  which  may  have  affected  the  judg- 
ment.    En.  February  14,  1872. 

Cal.  Eep.  Cit.  65,  100;  65,  101;  119,  2;  135,  372;  135,  374; 

145,  738. 
Crim.  Prac.  Act,  sec.  484.  En.  April  20,  1850.  Eep.  1851, 
290.  En.  1851,  212. 

Cal.  Eep.  Cit.  42,  624;  44,  95. 

§  1260.  May  reverse,  affirm,  or  modify  the  judgment, 
and  order  new  trial.  The  court  may  reverse,  affirm,  or 
modify  the  judgment  or  order  appealed  from,  and  may  set 
aside,  affirm,  or  modify  any  or  all  of  the  proceedings  sub- 


§§  1262-1264  JUDGMENT    UPON    APPEAL.  444 

sequent    to,    or    dependent    upon,    such    judgment    or    order, 
and    may,  if    proper,  order    a  new  trial.       En.  February  14, 

1872.  •' 

Cal.  Eep.  Cit.     94,  386. 

Crim.  Prac.  Act,  sec.  500.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 

§  1261.  New  trial,  where  to  be  had.  When  a  new  trial 
is  ordered,  it  must  be  directed  to  be  had  in  the  court  of  the 
county  from  which  the  appeal  was  taken.     En.  February  14, 

1872. 

Crim.  Prac.  Act,  sec.  501.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,  212.     Am'd.   1851,  407. 

§  1262.  Defendant  discharged  on  reversal  of  judgment. 
If  a  judgment  against  the  defendant  is  reversed  without 
ordering  a  new  trial,  the  appellate  court  must,  if  he  is  in 
custody,  direct  him  to  be  discharged  therefrom;  or  if  on 
bail,  that  his  bail  be  exonerated;  or  if  money  was  deposited 
instead  of  bail,  that  it  be  refunded  to  the  defendant.  En. 
February  14,  1872. 

Cal.  Rep.  Cit.     61,  380;   143,  220. 

Crim.  Prac.  Act.  sec.  502.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,  212. 

§  1263.    Judgment   to    be    executed   on    affirmance.     If    a 

judgment  against  the  defendant  is  affirmed,  the  original 
judgment  must  be  enforced.     En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  503.  En.  April  20,  1850.  Rep.  1851, 
290.     En.    1851,  212. 

§  1264,    Judgment  upon  appeal,  how  entered  and  remitted. 

When  the  judgment  of  the  appellate  court  is  given,  it  must 
be  entered  in  the  minutes,  and  a  certified'  copy  of  the  entry, 
with  a  copy  of  the  opinion  of  the  court  attached  thereto, 
forthwith  remitted  to  the  clerk  of  the  court  from  which  the 
appeal  was  taken.  En.  February  14,  1872.  Am'd.  1905, 
701. 

The  design  of  the  amendment  is  to  require  a  copy  of  the  opinion  ot 
the  Supreme  Court  to  be  certified  to  and  sent  to  the  cleric  of  the 
court  below  with  the  remittitur.  The  change  consists  in  the  Inser- 
tion of  the  words  "with  a  copy  of  the  opinion  of  the  court  attached 
thereto,"    after   "entry."— Code   Commissioner's   Note. 


415  JUDGMENT    UPON    APPEAL.  §  1265 

Crini.  Prac.  Act,  sec.  504.  En.  April  20,*  1850.  Rep.  1851, 
290.     En.   1851,  212. 

Cal.   Eep.   Cit.     39,    104;   41,   210. 

§  1265.  Jurisdiction  ceases  after  judgment  remitted. 
After  the  certificate  of  the  judgment  has  been  remitted  to 
the  court  below,  the  appellate  court  has  no  further  juris- 
diction of  the  appeal  or  of  the  proceedings  thereou,  aiad 
all  orders  necessary  to  carry  the  judgment  into  effect  must 
be  made  by  the  court  to  which  the  certificate  is  remitted. 
En.  February  14,  1872. 

Crini.  Prac.  Act,  see.  506.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,  212. 

Cal.  Rep.  Cit.     39,  104;  41,  211. 


TITLE  X. 

MISCELLANEOUS  PEOCEEDINGS. 

Chapter  L     Bail,   §§   1268-1317. 

II.     Who    may    be    Witnesses    in    Criminal    Actions, 
§§  1321-1323. 

III.  Compelling    the    Attendance    of     W^itnesses,   §§ 

1326-1333. 

IV.  Examination     of     Witnesses     Conditionally,     §§ 

1335-1346. 
V.     Examination    of    Witnesses    on    Commission,   §§ 
1349-1362. 
VI.     Inquiry  into  the  Insanity  of  the  Defendant  Be- 
fore  Trial   or  After   Conviction,   §§    1367-1373. 
VII.     Compromising  Certain  Public  Offenses  by  Leave 
of  the  Court,  §§  1377-1379.  * 
VIII.     Dismissal  of  the  Action,  Before  or  After  Indict- 
ment, for  Want   of  Prosecution  or  Otherwise, 
§§  1382-1389. 
IX.     Proceedings  Against   Corporations,   §§   1390-1397. 

X.     Entitling  Affidavits,  §  1401. 
XI.     Errors    and    Mistakes    in   Pleadings     and     Other 
Proceedings,  §   1404. 
XII.     Disposal    of    Property    Stolen    or    Embezzled,    i,§ 
1407-1413. 
XIII.     Eeprieves,  Commutations,  and  Pardons,   §§   1417- 
1423. 

CHAPTER  I. 

BAIL. 

Article    I.     In    What    Cases    the    Defendant    may    be    Admitted    to    Ball, 
§§    126S-1274. 
II.     Bail    upon    being    Held    to    Answer    before    Indictment,     §5 
1277-1281. 
III.     Bail    upon    an    Indictment   before   Conviction,    §§    12S4-12S9. 
IV..  Bail  on  Appeal.    §§   1291-1292. 
v.     Deposit    Instead    of    Bail.    §§    1295-1297. 


BAIL.  li  1268-1270 

VI.     Surrender    of    the    Defendant.     §§  1300-1302. 

VII.     Forfeiture   of  the    Undertaking   of  Bail   or   of   the   Deposit   ot 
Money,     §§    1305-1307. 

VIII.     Recommitment    of    the    Defendant  after    Having    Given    Ba'.l 

or    Depositei    Money    Instead    of  Bail,    §§    1310-1317. 


ARTICLE  I. 

IN     WHAT     tASES     THE     DEFENDANT     MAY     BE     ADMITTED     TO 

BAIL. 

§  126S.  Admission  to  bail   defined. 

§  1269.  Taking   of   bail   defined. 

§   1270.  Offense    not    bailable. 

§  1271.  Defendant    when   admitted    to    bail    before    conviction. 

§  1272.  When    admitted   to   bail   after   conviction   and   upon   appeal. 

§  1273.  Nature  of  bail. 

§  1274.  When    ball    is    matter   of    discretion,    notice    of    application    must 
be  given   to  district  attorney. 

'§  1268.  Admission  to  bail  defined.  Admission  to  bail  is 
the  order  of  a  competent  court  or  magistrate  that  the  de- 
fendant be  discharged  from  actual  custody  upon  bail.  En. 
February  14,   1872. 

Cal.  Rep.  Cit.     54,  103. 

Crim.  Prac.  Act,  sec.  507.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,   212. 

Bail,  where  taken:  See  ante,  sec.  822;  post,  sec.  1284. 

§  1269.  Taking  of  bail  defined.  The  taking  of  bail. con- 
sists in  the  acceptance,  by  a  competent  court  or  magistrate, 
of  the  undertaking  of  sufticient  bail  for  the  appearance  of 
the  defendant,  according  to  the  terms  of  the  undertaking, 
or  that  the  bail  will  pay  to  the  people  of  this  state  a  speci- 
fied sum.     En.  February   14,   1872. 

Crim.  Prae.  Act,  sec.  508.     En.  April  20,  1850.     Rep.  1851, 
290.     En.  1851,  212. 
Cal.  Rep.  Cit,     19,  681. 

Excessive  bail. — Excessive  bail  shall  not  be  required:  Cal. 
Const.,  art.  1,  sec.  6;  U.  S.  Const.,  Amendment  8. 

§  1270.  Offense  not  bailable.  A  defendant  charged  with 
an  offense  punishable  with  death  cannot  be  admitted  to 
bail,  when  the  proof  of  his  guilt  is  evident  or  the  presump- 
tion  thereof  great.     The   finding  of  an   indictment   does   not 


§§  1271-1273  BAIL.  448 

add  to  the  strength  of  the  proof  or  the  presumptions  to  be 
drawn  therefrom.     En.  February  14,  1872. 

Cal.  Eep.  Cit.    68,  177;  85,  365;  92,  189. 
Crim.  Prac.  Act,  sec,  510.     En.  April  20,  1850.     Eep.  1851, 
290.     En.  1851,  212.     Am'd.   1866,  418. 
Cal.  Rep.  Cit.     19,  542. 

Constitutional  provision. — All  persons  shall  be  bailable  by 
sufficient  sureties,  unless  for  capital  offensps  when  fhe 
proof  is  evident  or  the  presumption  great  Art.  I,  sec.  6. 

§  1271.  Defendant  when  admitted  to  bail  before  con- 
viction. If  the  charge  is  for  any  otlier  offense,  he  may  be 
admitted  to  bail  before  conviction,  as  a  matter  of  right. 
En.  February  14,  1872, 

Cal.  Rep.  Cit.     54,  103;  68,  177;   68,  178;  68,  180;  68,  182; 
68,  183;  92,  189, 

Crim.  Prac.  Act,  sec.  509.     En.  April  20,  1850.     Rep.  1851, 
290.     En.  1851,  212.       Am'd.  1863,  151. 
.   Cal.  Rep.  Cit.     19,  542. 

§  1272,  When  admitted  to  bail  after  conviction  and  upon 
appeal.  After  conviction  of  an  offense  not  punishable  with 
death,  a  defendant  who  has  appealed  may  be  admitted  to 
bail : 

1.  As  a  matter  of  riglit,  when  the  appeal  is  from  a  judg- 
ment imposing  a  fine  only. 

2.  As  a  matter  of  discretion  in  all  other  cases.  En.  Feb- 
ruary 14,  1872. 

Cal,  Rep.  Cit.     48,  552;  49,  681;  62,  491;  68,  177;  68,  178; 

68,  180;  68,  182;  68,  183;  89,  80;  89,  81;  112,  629, 
Crim,  Prac.  Act,  sec.  512.     En.  April  20,  1850,     Rep.  1851, 
290,     En,  1851,  212, 
Cal.  Rep.  Cit.     41,  30, 

§  1273.  Nature  of  bail.  If  the  offense  is  bailable,  the 
defendant  may  be  admitted  to  bail  before  conviction: 

First — For  his  appearance  before  the  magistrate,  on  the 
examination  of  the  charge,  before  being  held  to  answer. 

Second — To  appear  at  the  court  to  which  the  magistrate 
is  required  to  return  the  depositions  and  statement,  upon 
the  defendant  being  held  to  answer  after  examination. 


449  BAIL,.  §  1274 

Third — After  indictment,  either  before  the  bench-warrant 
is  issued  for  his  arrest,  or  upon  any  order  of  the  court  com- 
mitting him,  or  enlarging  the  amount  of  bail,  or  upon  Ms 
being  surrendered  by  his  bail  to  answer  the  indictment  in 
the  court  in  which  it  is  found,  or  to  which  it  may  be  trans- 
ferred for  trial. 

And  after  conviction,  and  upon  an  appeal: 

First — If  the  appeal  is  from  a  judgment  imposing  a  fine 
only,  on  the  undertaking  of  bail  that  he  will  pay  the  same, 
or  such  part  of  it  as  the  appellate  court  may  direct,  if 
the  judgment  is  affirmed  or  modified,  or  the  appeal  is  dis- 
missed. 

Second — If  judgment  of  imprisonment  has  been  given, 
that  he  will  surrender  himself  iy  execution  of  the  judgment, 
upon  its  being  affirmed  or  modified,  or  upon  the  appeal  be- 
ing dismissed,  or  that  in  case  the  judgment  be  reversed,  and 
that  the  cause  be  remanded  for  a  new  trial,  that  he  will  ap- 
pear in  the  court  to  which  said  cause  may  be  remanded,  and 
submit  himself  to  the  orders  and  process  thereof.  En,  Feb- 
ruary 14,  1872.     Am'd.  1875-6,  116. 

Cal.  Rep.   Cit.     54,  103. 

Crim.  Frac.  Act,  sec.  513.  En.  April  20,  1850.  Rep.  1851, 
290.     Kn.  1851,  212. 

Crim.  Prac.  Act,  sec.  514.     En.  April  20,  1850.     Rep.  1851, 
290.     En.  1851,  212. 
Cal.  Rep.  Cit.     20,  529. 

§  1274.  When  bail  is  matter  of  discretion,  notice  of  ap- 
plication must  be  given  to  district  attorney.  When  the  ad- 
mission to  bail  is  a  matter  of  discretion,  the  court  or  officer 
to  whom  the  a.pplieation  is  made  must  require  reasonable 
notice  thereof  to  be  given  to  the  district  attorney  of  the 
county.     En.  February   14,   1872. 

Crim.  Frac.  Act,  sec.  511.     En.  April  20,  1850.     Rep.  1851, 
290.     En.  1851,  212. 
Pen.  Code— 29 


§§  1277-1278  BAIL.  450 

ARTICLE  n. 

BAIL,    UPON    BEING    HELD    TO    ANSWER    BEFORE    INDICTMENT. 


1277 
1278, 
1279 
1280, 
1281 


What   magistrates   may  a-dmit  to  bail. 

Bail,    how  put   in   and   form   of  the  undertaking. 

Qualifications  of  bail. 

Bail,    how   to  justify. 

On   allowance   of  bail,    defendant   to  be    discharged. 


§  1277.  What  magistrates  may  admit  to  bail.  When  the 
defendant  has  been  held  to  answer  upon  an  examination  for 
a  public  offense,  the  admission  to  bail  may  be  by  the  magis- 
trate by  whom  he  is  so  held,  or  by  any  magistrate  who  has 
power  to  issue  the  writ  of  habeas  corpus.  En.  February  14, 
1872. 

Crim.  Prac.  Act,  sec.  515.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  1278.     Bail,  how  put  in,  and  form  of  the  undertaking. 

Bail  is  put  in  by  a  written  undertaking,  executed  by  two 
sufficient  sureties,  (with  or  without  the  defendant,  in  the 
discretion  of  the  magistrate)  and  acknowledged  before  the 
court   or  magistrate,   in  substantially  the  following  form: 

An  order  having  been  made  on  the  day  of ,  A.  D. 

eighteen  ,  by  A  B,  a  justice  of  the  peace  of  

county,  [or  as  the  case  may  be]  that  C  D  be  held  to  answer 
upon  a'  charge  of  [stating  briefly  the  nature  of  the  offense], 
upon   which   he   has   been    admitted   to   bail   in   the   sum   of 

.  dollars;   we,   E   F   and  G  H,    [stating  their  place  of 

residence  and  occupation]  hereby  undertake  that  the  above- 
named  C  D  will  appear  and  answer  the  charge  above  men- 
tioned, in  whatever  court  it  may  be  prosecuted,  and  will  at 
all  times  hold  himself  amenable  to  the  orders  and  process 
of  the  court,  and  if  convicted,  will  appear  for  judgment,  and 
render  himself  in  execution  thereof,  or,  if  he  fails  to  per- 
form either  of  these  conditions,  that  we  will  pay  to  the  peo- 
ple of  the  state  of  California  the  sum  of  dollars  [in- 
serting the  sum  in  which  the  defendant  is  admitted  to  bail.] 
En.  February  14,  1872. 

Cal.  Rep.  Cit.     54,  410. 

Crim.  Prac.  Act,  sec.  516.  En.  April  20,  1850.  Rep.  1851, 
290.  En.  1851,  212. 

Cal.  Rep.  Cit.  19,  681;  19,  682;  35,  109. 


451  BAIL.  §§  1279-1281 

§  1279.  Qualifications  of  bail.  The  qualifications  of  bail 
are  as  follows: 

1.  Each  of  them  must  be  a  resident,  householder,  or  free- 
holder within  the  state;  but  the  court  or  magistrate  may- 
refuse  to  accept  any  person  as  bail  who  is  not  a  resident  of 
the  county  where  bail  is  offered. 

2.  They  must  each  be  worth  the  amount  specified  in  the 
undertaking,  exclusive  of  property  exempt  from  execution; 
but  the  court  or  magistrate,  on  taking  bail,  may  allow  more 
than  two  sureties  to  justify  severally  in  amounts  less  than 
that  expressed  in  the  undertaking,  if  the  whole  justifica- 
tion be  equivalent  to  that  of  sufficient  bail.  En.  February 
14,  1872. 

Cal.  Eep.   Cit.     65,  583. 

Crim.  Prac.  Act,  sec.  517.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212.     Am'd.  1855,  269. 

§  1280.  Bail,  how  to  justify.  The  bail  must  in  all  cases 
justify  by  affidavit  taken  before  the  magistrate,  that  they 
each  possess  the  qualifications  provided  in  the  preceding 
section.  The  magistrate  may  further  examine  the  bail  upon 
oath  concerning  their  sufficiency,  in  such  manner  as  he  may 
deem  proper.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     65,  583. 

Crim.  Prac.  Act,  sec.  518.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Crim.  Prac.  Act,  sec.  519.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1281.    On  allowance  of  bail,  defendant  to  be  discharged. 

Upon  the  allowance  of  bail  and  the  execution  of  the  under- 
taking, the  magistrate  must,  if  the  defendant  is  in  custody, 
make  and  sign  an  order  for  his  discharge,  upon  the  deliv- 
ery of  which  to  the  proper  officer,  the  defendant  must  be 
discharged.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     51,  470;  54,  411;  65,  583. 


§§  1284-1287 


AETICLE  in. 

BAIL    UPON    AN    INDICTMENT    BEFORE    CONVICTION. 

§  1284.  When   offense   is  not   capital. 

§  1285.  When  the  offense  is  capital. 

§  12S6.  Bail   on   habeas  corpus. 

§  1287.  Form   of   undertaking. 

§  12SS.  Sections   applicable    to   qualifications,    etc. 

§  1289.  Increase   or   reduction   of   ball. 

§  1284.  When  offense  is  not  capital.  When  the  offense 
charged  is  not  punishable  with  death,  the  officer  serving 
the  bench-warrant  must,  if  required,  take  the  defendant 
before  a  magistrate  in  the  county  in  which  it  is  issued, 
or  in  which  he  is  arrested,  for  the  purpose  of  giving  bail. 
En.  February  14,  1872.     Am'd.  1880,  26. 

Cal.  Eep.  Cit.     65,  582. 

Grim.  Prac.  Act,  sec.  520.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  1285.  When  the  offense  is  capital.  If  the  offense 
charged  is  punishable  with  death,  the  officer  arresting  the 
defendant  must  deliver  him  into  custody,  according  to  thp 
command  of  the  bench-warrant.  En.  February  14,  1872. 
Am'd.  1880,  26. 

Cal.   Eep.    Cit.     59,   417. 

Crim.  Prac.  Act,  sec.  521.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1286.  Bail  on  habeas  corpus.  When  the  defendant  is 
so  delivered  into  custody,  he  must  be  held  by  the  sheriff, 
unless  admitted  to  bail  on  examination  upon  a  writ  of 
habeas  corpus.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     59,  417. 

Crim.  Prac.  Act,  sec.  522.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Offense   not  bailable:   See.  ante,   sec.   1270. 

§  1287.  Form  of  undertaking.  The  bail  must  be  put  in 
by  a  written  undertaking,  executed  by  two  sufficient  sure- 
ties, (with  or  without  the  defendant,  in  the  discretion  of 
the  court  or  magistrate)  and  acknowledged  before  the  court 
or  magistrate,  in   substantially  the  following  form: 


453  BAIL,.  §§  12S8,  1289 

An  indictment  having  been  found   on   the  day  of 

,   A.   D.   eighteen  ,  in    the   county   court   of   the 

county  of  ,  charging  A  B  with   the   crime  of  , 

[designating    it    generally']     and    he    having    been    admitted 

to   bail    in    the    sum    of   dollars,    we,    C    D    and    E   F, 

of  [stating  their  place  of  residence  and  occupa- 
tion] hereby  undertake  that  the  above-named  A  B  will 
appear  and  answer  the  indictment  above  mentioned,  in 
whatever  court  it  may  be  prosecuted,  and  will  at  all  times 
render  himself  amenable  to  the  orders  and  process  of  the 
court,  and,  if  convicted,  will  appear  for  jiidgment  and 
render  himself  in  execution  thereof;  or,  if  he  fails  to  per- 
form   either   of   these    conditions,    that    we    will    pay    to    the 

people  of  the  state  of  California  the  sum  of  dollars 

[inserting  the  sum  in  which  the  defendant  is  admitted  to 
bail].     En.  February  14,  1872. 

Cal.  Eep.  Cit.     63,   409. 

Crim.  Prac.  Act,  sec.  523.  En.  April  20,  18.50.  Eep.  1851, 
290.     En.  1851,  212.     Am'd.  1863,  162. 

Action  on  forfeiture:   Post,  sec.  1306. 

§  1288.     Sections    applicable    to    qualifications,    etc.     The 

provisions  contained  in  sections  twelve  hundred  and  seventy- 
nine,  twelve  hundred  and  eighty,  and  twelve  hundred  and 
eighty-one,  in  relation  to  bail  before  indictment,  apply  to 
bail  after  indictment.  En.  February  14,  1872.  Am'd. 
1873-4,  450. 

Crim.  Prac.  Act,  sec.  524.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1289.  Increase  or  reduction  of  bail.  After  a  defendant 
has  been  admitted  to  bail  upon  an  indictment  or  informa- 
tion, the  court  in  which  the  charge  is  pending,  may,  upon 
good  cause  shown,  either  increase  or  reduce  the  amount 
of  bail.  If  the  amount  be  increased,  the  court  may  order 
the  defendant  to  be  committed  to  actual  custody,  unless 
he  give  bail  in  such  increased  amount.  If  application  be 
made  by  the  defendant  for  a  reduction  of  the  amount, 
notice  of  the  application  must  be  served  upon  the  dis- 
trict attorney.     En.  Stats.  1873-4,  450.     Am'd.  1880,  27. 


§§   1291-1295  BAIL.  454 

AETICLE    IV. 

BAIL     ON     APPEAL. 

§  1291.     Who  may  admit  to  bail. 

§  1292.     Bail,   qualifications   of,    and  condition   of  undertaking. 

§  1291.  Who  may  admit  to  bail.  In  the  cases  in  which 
defendant  may  be  admitted  to  bail  upon  an  appeal,  the  or- 
der admitting  him  to  bail  may  be  made  by  any  magistrate 
having  the  power  to  issue  a  writ  of  habeas  corpus,  or  by 
the  magistrate  before  whom  the  trial  was  had.  En.  Febru- 
ary 14,  1872.     Am'd.  1877-8,  122. 

Crim.  Prac.  Act,  sec.  525.     En.  April  20,  1850.     Eep.'  1851, 
290.     En.  1851,  212. 
.See  ante,  see.  1273. 

§  1292.  Bail,  qualifications  of,  and  condition  of  under- 
taking. The  bail  must  possess  the  qualifications,  and  must 
be  put  in,  in  all  respects,  as  provided  in  article  two  of  this 
chapter,  except  that  the  undertaking  must  be  conditioned 
as  prescribed  in  section  twelve  hundred  and  seventy-three, 
for  undertakings  of  bail  on  appeal.     En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  527.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

AETICLE   V. 

DEPOSIT    INSTEAD    OF    BAIL. 

5  1295.     Deposit,    when    and    how    made. 

§  1296.    May,  after  bail  is  given  an-d  before  forfeiture. 

8  1297.     Deposit   to   be   applied    to   payment   of   judgment   and    fine. 

§  1295.  Deposit,  when  and  how  made.  The  defendant, 
at  any  time  after  an  order .  admitting  him  to  bail,  instead 
of  giving  bail,  may  deposit  with  the  clerk  of  the  court  in  ■ 
which  he  is  held  to  answer,  the  sum  mentioned  in  the  order, 
and  upon  delivering  to  the  officer  in  whose  custody  he  is 
a  certificate  of  the  deposit,  he  must  be  discharged  from 
custody.     En.  February   14,   1872. 

Cal.  Eep.  Cit.     83,  391. 

Crim.  Prac.  Act,  sec.  528.  En.  April  20,  1850.  Eep.  1851, 
290.  En.  1851,  212. 


455  BAIL.  §§  1296-1300 

Eeturn  of  deposit  on  surrender  before  forfeiture:  Post, 
sec.  1302. 

§  1296.     May,  after  bail  is  given   and  before   forfeiture. 

If  the  defendant  has  given  bail,  lie  may,  at  any  time  before 
the  forfeiture  of  the  undertaking,  in  like  manner  deposit 
the  sum  mentioned  in  the  recognizance,  and  upon  the  de- 
posit being  made  the  bail  is  exonerated.     En.  February  14, 

1872. 

Crim.  Prae.  Act,  sec.  529.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1297.  Deposit  to  be  applied  to  payment  of  judgment 
and  fine.  When  money  has  been  deposited,  if  it  remains 
on  deposit  at  the  time  of  a  judgment  for  the  payment  of 
a  fine,  the  county  clerk  must,  under  the  direction  of  the 
court,  apply  the  money  in  satisfaction  thereof,  and  after 
satisfying  the  fine  and  costs,  must  refund  the  surplus,  if 
any,    to    the    defendant.     En.    February    1-4,    1872. 

Crim.  Prae.  Act,  sec.  530.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 


ARTICLE  VI. 

SURRENDER  OF  THE  DEFENDANT. 

§  1300.     Surrender,    by   whom,    when,   and   how   made. 
§  1301.     Defendant,    how    surrendered. 
§  1302.    Return   of   deposit   on   surrender. 

§  1300.     Surrender,  by  whom,  when,  and  how  made.    At 

any  time  before  the  forfeiture  of  their  undertaking  the 
bail  may  surrender  the  defendant  in  their  exoneration,  or 
he  may  surrender  himself,  to  the  officer  to  whose  custody 
he  was  committed  at  the  time  of  giving  bail,  in  the  fol- 
lowing manner: 

1.  A  certified  copy  of  the  undertaking  of  the  bail  must 
be  delivered  to  the  officer,  who  must  detain  the  defendant  in 
his  custody  thereon  as  upon  a  commitment,  and  by  a  cer- 
tificate in  writing  acknowledge  the  surrender; 

2.  Upon  the  undertaking  and  the  certificate  of  the  officer, 
the  court  in  which  the  action  or  appeal  is  pending  may, 
upon  notice  of  five  days  to  the  district  attorney  of  the 
county,  T^fith  a  copy  of  the  undertaking  and  certificate,  or- 


§§  1301-1305  BAIL.  456 

der  that  the  bail  be  exonerated,  and  on  filing  the  order  and 
the  papers  used  on  the  application,  they  are  exonerated 
accordingly.     En.  February   14,    1872. 

Cal.  Eep.  Cit.     102,  312. 

Crim.  Prac.  Act,  sec.  531.  En.  April  20,  1850.  -Eep.  1851, 
290.     En.  1851,  212. 

Crim.  Prac.  Act,  sec.  532.  En.  April  20,  1850.  Eep.  1851, 
290.     En,  1851,  212. 

§  1301.  Defendant,  how  surrendered.  For  the  purpose 
of  surrendering  the  defendant,  .the  bail,  at  any  time  before 
they  are  finally  discharged,  and  at  any  place  within  the 
state,  may  themselves  arrest  him,  or  by  a  written  author- 
ity, indorsed  on  a  certified  copy  of  the  undertaking,  may 
empower  any  person  of  suitable  age  and  discretion  to  do  so. 
En.  February  14,  1872. 

Crim.  Prac,  Act,  sec.  533.  En.  April  20,  1850,  Eep,  1851, 
290,     En.   1851,  212, 

§  1302,  Return  of  deposit  on  surrender.  If  money  has 
been  deposited  instead  of  bail,  and  the  defendant,  at  any 
time  before  the  forfeiture  thereof,  surrenders  himself  to 
the  officer  to  whom  the  commitment  was  directed,  in  the 
manner  provided  in  the  last  two  sections,  the  court  must 
order  a  return  of  the  deposit  to  the  defendant,  upon  pro- 
ducing the  certificate  of  the  ofiicer  showing  the  surrender, 
and  upon  a  notice  of  five  days  to  the  district  attorney,  with 
a  copy  of  the  certificate.     En.  Februaiy  14,  1872, 

Crim.  Prac.  Act,  sec.  534.     En.  April  20,  1850.     Eep.  1851, 

290.     En.   1851,  212. 

Deposit  instead  of  bail:   Ante,  sees.  1295  et  seq. 


AETICLE   VII. 

FORFKITfRE     OF     THE     UNDERTAKING     OF     BAIL,     OR     OF     THI'J 
DEPOSIT    OF    MONEY. 

§  1305.     How   forfeitecl,    and   how   forfeiture   discharged. 

§  1306.     Forfeiture   to   be   enforced   by   action. 

8  1307.     Deposit    of   money,    when    forfeited,    how   disposed    of. 

§  1305.    How   forfeited,   and   how   forfeiture    discharged. 

If,  without   sufficient   excuse,   the   defendant   neglects   to   ap- 
pear for  arraignment  or  for  trial  or  judgment,  or  upon  any 


457  BAIT..  §§  1306,  1307 

other  occasion  when  his  presence  in  court  may  be  lawfully 
required,  or  to  surrender  himself  in  execution  of  the  judg- 
ment, the  court  must  direct  the  fact  to  be  entered  upon  its 
minutes,  and  the  undertaking  of  bail,  or  the  money  depos- 
ited instead  of  bail,  as  the  case  may  be,  must  thereupon  be 
declared  forfeited.  But  if  at  any  time  within  twenty  days 
after  such  entry  in  the  minutes,  the  defendant  or  his  bail 
appear  and  satisfactorily  excuse  his  neglect,  the  court  may 
direct  the  forfeiture  of  the  undertaking  or  the  deposit  to  be 
discharged  upon  such  terms  as  may  be  just.  En.  February 
14,  1872.  Am'd.  1905,  701. 
The    words    "within   twenty   days   after   such   entry   in   the  minutes"   are 

substituted    for   the    words    "before    the    final   Judgment   of   the   court," 

after    "time." — Code    Commissioner's    Note. 

Cal.  Eep.  Cit.     102,  312. 

Crim.  Prac.  Act,  see.  535.  En.  April  20,  1850.  Rep.  1851J 
290.     En.   1851,  212. 

Crim.  Prac.  Act,  sec.  536.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,  212. 

§  1306.  Forfeiture  to  be  enforced  by  action.  If  the  for- 
feiture is  not  discharged,  as  provided  in  the  last  section,  the 
district  attorney  may  at  any  time  after  twenty  days  from 
the  entry  upon  the  minutes,  as  provided  in  the  last  section, 
proceed  by  action  against  the  bail  upon  their  undertaking. 
En.    February   14,    1872.     Am'd.    1905,    702. 

The  amendment  is  designed  to  conform  the  section  to  the  amendment 
to  section  1305,  and  the  change  consists  in  the  substitution  of  the 
words  "twenty  days  from  the  entry  upon  the  minutes,  as  provide-J 
in  the  last  section"  for  the  words  "the  adjournment  of  the  court," 
after  the   word    "after."— Code   Commissioner's   Note. 

Cal.  Rep.  Cit.     63,  410. 

Crim.  Prac.  Act,  sec.  537.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Cal.  Rep.  Cit.     7,  404;   19,  682. 

District  attorney  authorized  to  bring  action:  Pol.  Code,^ 
sec.  4256,  subd.  3. 

§  1307.    Deposit  of  money,  when  forfeited,  how  disposed 

of.  If,  by  reason  of  the  neglect  of  the  defendant  to  ap- 
pear, money  deposited  instead  of  bail  is  forfeited,  and  the 
forfeiture  is  not  discharged  or  remitted,  the  clerk  with 
whom  it  is  deposited  must,  at  the  end  of  thirty  days,  unless 
the   court   has   before    that   time    discharged   the   forfeiture, 


§§  1310,  1311  BAIL.  458 

pay  over  the  money  deposited  to  the  county  treasurer.     En. 
February   14,   1872.     Am'd.   1905,   702. 

The  change  consists  in  the  insertion  of  the  words  "at  the  end  ol 
thirty  days,  unless  the  court  has  before  that  time  discharged  the 
forfeiture,"  in  place  of  the  words  "immediately  after  the  adjourn- 
ment  of   the   court." — Code   Commissioner's   Note. 

Crim.  Prac.  Act,  sec.  538.     En.  April  20,  1850.     Eep.  1851, 
290.     En.  1851,  212. 


AETICLE   Vni. 

RECOMMITMENT    OF   THE    DEFENDANT,    AFTER    H.WING    GIVKN 
B.\IL   OR    DEPOSITED    MONEY    INSTEAD    OF    BAIL. 

§  1310.  In    what    cases. 

§  1311.  Contents   of   order. 

§  1312.  Defendant   may   be  arrested   in   any   county. 

§  13i3.  If   for   failure   to   appear,    defendant  must  be  committed. 

§  1314.  If  for  other  cause,    he   may  be  admitted  to  ball. 

§  1315.  Bail   in   such   case,    by   whom   taken. 

§  1316.  Form   of   the   undertaking. 

§  1317.  Bail  must  possess  what  qualifications,   and  how  put  in. 

§  1310.  In  what  cases.  The  court  to  which  the  com- 
mitting magistrate  returns  the  depositions,  or  in  which 
an  indictment,  information,  or  appeal  is  pending,  or  to  which 
a  judgment  on  appeal  is  remitted  to  be  carried  into  effect, 
may,  by  an  order  entered  upon  its  minutes,  direct  the  arrest 
of  the  defendant  and  his  commitment  to  the  officer  to  whose 
custody  he  was  committed  at  the  time  of  giving  bail,  and  his 
detention  until  legally  discharged,  in  the  following  cases: 

1.  When,  by  reason  of  his  failure  to  appear,  he  has  in- 
curred a  forfeiture  of  his  bail,  or  of  money  deposited  in- 
stead thereof. 

2.  When  it  satisfactorily  appears  to  the  court  that  his 
bail,  or  either  of  them,  are  dead  or  insufficient,  or  have  re- 
moved from  the  state. 

3.  Upon  an  indictment  being  found  or  information  filed  in 
th«  cases  provided  in  section  nine  hundred  and  eighty-five. 
En.  February  14,  1872.     Am'd.  1880,  27. 

Crim.  Prac.  Act,  sec.  539.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  1311.  Contents  of  order,  i'he  order  for  the  recommit- 
ment of  the  defendant  must  recite  generally  the  facts  upon 
which  it  is  founded  and  direct  that  the  defendant  be  arrested 


459  BAIL.  §§  1312-131.-. 

by  any  sheriff,  constable,  marshal,  or  policeman,  in  this 
state,  and  committed  to  the  officer  in  whose  custody  he  was 
at  the  time  he  was  admitted  to  bail,  to  be  detained  until  le- 
gally discharged.     En.  February  14,  1872, 

Grim.  Prac.  Act,  sec.  540.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1312.  Defendant  may  be  arrested  in  any  county.  The 
defendant  may  be  arrested  pursuant  to  the  order,  upon  a 
certified  copy  thereof,  in  any  county,  in  the  same  manner 
as  upon  a  warrant  of  arrest,  except  that  when  arrested  in 
another  county  the  order  need  not  be  indorsed  by  a  magis- 
trate of  that  county.     En.  February  14,  1872. 

Grim.  Prac.  Act,  sec.  541.  En.  April  20,  1850.  Eep.  185  J, 
290.     En.  1851,  212. 

§  1313.  If  for  failure  to  appear,  defendant  must  be  com- 
mitted. If  the  order  recites,  as  the  ground  upon  which  it  is 
made,  the  failure  of  the  defendant  to  appear  for  judgment 
upon  conviction,  the  defendant  must  be  committed  according 
to  the  requirement  of  the  order.     En.  February  14,  1872. 

Grim.  Prac.  Act,  sec.  542.  En.  April  20,  1850.  Kep.  1851, 
290.     En.  1851,  212. 

§  1314.  If  for  other  cause,  he  may  be  admitted  to  bail. 
If  the  order  be  made  for  any  other  cause,  and  the  offense 
is  bailable,  the  court  may  fix  the  amount  of  bail,  and  may 
cause  a  direction  to  be  inserted  in  the  order  that  the  de- 
fendant be  admitted  to  bail  in  the  sum  fixed,  which  must 
be  specified  in  the  order.     En.  February  14,  1872. 

Grim.  Prac.  Act,  sec.  543.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1315.  Bail  in  such  case,  by  whom  taken.  When  the 
defendant  is  admitted  to  bail,  the  bail  may  be  taken  by 
any  magistrate  in  the  county  having  authority  in  a  similar 
case  to  admit  to  bail,  upon  the  holding  of  the  defendant 
to  answer  before  an  indictment,  or  by  any  other  magistrate 
designated  by  the  court.     En.  February  14,  1872. 

Grim.  Prac.  Act,  sec.  544.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 

§  1316.  Form  of  the  undertaking.  When  bail  is  taken 
upon  the  recommitment  of  the  defendant,  the  undertaking 
must  be  in  substantially  the  following  form: 


§§  1317,  1321  WHO   MAY   BK   WITNESSES.  460 

An  order  having  been  made  on  the  day  of  ,  A. 

D.   eighteen  ,  by  the   court,    [naming  it]    that   A  B  be 

admitted   to   bail  in   the   sum   of  dollars,   in   an   action 

pending  in  that  court  against  him  in  behalf  of  the  people 
of  the  state  of  California,  upon  an  [information,  present- 
ment, indictment,  or  appeal,  as  the  case  may  be],  we,  C 
D  and  E  F,  of  [stating  their  places  of  residence  and  occu- 
pation], hereby  undertake  that  the  above-named  A  B  will 
appear  in  that  or  any  other  court  in  which  his  appearance 
may  be  lawfully  required  upon  that  [information,  present- 
nient,  indictment,  or  appeal,  as  the  case  may  be],  and 
will  at  all  times  render  himself  amenable  to  its  orders 
and  process,  and  appear  for  judgment  and  surrender  himself 
in  execution  thereof;  or  if  he  fails  to  perform  either 
of  these   conditions,   that  we   will  pay  to   the  people   of  the 

state  of  California  the  sum  of  dollars  [insert  the  sum 

in  which  the  defendant  is  admitted  to  bail].  En.  Febru- 
ary 14,  1872. 

Crim.  Prac.  Act,  sec.  54.5.  En.  April  20,  1850.  Eep.  1851, 
290,     En.  1851,  212. 

§  1317.  Bail  must  possess  what  qualifications,  and  how 
put  in.  The  bail  must  possess  the  qualifications,  and  must 
be  put  in,  in  all  respects,  in  the  manner  prescribed  in  article 
II  this  chapter.     En.  Februarj^  14,  1872. 

Qualifications  of  bail:  See  ante,  sec.  1279. 

Crim.  Prac.  Act,  sec.  546.  En.  April  20,  1850.  Eep.  1851, 
290,     En.  1851,  212. 


CHAPTER  TI. 

WHO    MAT    BE    WITNESSES    IN    CRIMINAL    ACTIONS. 

§  1321.     Who    are    competent    witnesses. 

§  1322.    When    husband   and   wife   are   competent   witnesses. 

§  1323.    When   the   defendant   is   not   a  competent  witness. 

§  1321.  Who  are  competent  witnesses.  The  rules  for  de- 
termining the  competency  of  witnesses  in  civil  actions  are 
applicable  also  to  criminal  actions  and  proceedings,  except 
as  otherwise  provided  in  this  code.     En.  February  14,  1872. 

Cal.  Eep.  Cit.     47,  126;  70,  54;  104,  486;  106,  92. 

Competency  of  witness:  See  Code  Civ.  Proc,  sees.  1879  et 
seq. 


1333.  Neither  husband  nor  wife  is  a  competent  witness 
)r  or  against  tlie  otlier  in  a  criminal  action  or  proceeding 
)  which  one  or  both  are  parties,  except  with  the  consent 
f  both,  or  in  cases  of  criminal  violence  upon  one  by  the 
ther,  or  in  cases  of  criminal  actions  or  proceedings  brought 
nder  the  provisions  of  sections  270  and  270a  of  this  code, 
r  in  cases  of  criminal  actions  or  proceedings  for  bigamy 
r  adultery.  (In  effect  60  days  from  and  after  March  15, 
)07.) 


:61  WHO    MAY    BE    WITNESSES.  §§  1322,   1323 

Examination  of  witnesses:  Code  Civ.  Proc,  sec.  2044. 

Impeachment  of  witness:  Code  Civ.  Proc,  sec.  2051. 

Attendance  of  witnesses:  See  post,  sees.  1326  et  seq. 

Defendant    as    witness:     See    ante,    sec.    688;     post,     sec. 
1323. 

Examination    of    witnesses    conditionally:     See    post,     sec. 
133.5. 

Examination  of  witnesses  on  commission  See  post,  sees. 
1349-1362. 

Interpreter,  acts  relating  to  appointment  of:  See  post,  Ap- 
pendix, title  Interpreters. 

Interpreter,  when  sworn:  Code  Civ.  Proc,  sec.  1884. 
Judge  or  juror  as  witness:  Code  Civ.  Proc,  sec  1883. 

Rules  of  examination  of  witnesses:  Code  Civ.  Proc,  sees. 
2042-2054. 

Witness  defined:   Code  Civ.  Proc,  sees.  1878. 

Witness,  duties  and  rights  of:  Code  Civ.  Proc,  sees.  2042- 
2054. 

§  1322.    When  husband  and  wife  are  competent  witnesses. 

Neither  husband  nor  wife  is  a  competent  witness  for  or 
against  the  other  in  a  criminal  action  or  proceeding  to  which 
one  or  both  are  parties,  except  with  the  consent  of  both,  or 
in  cases  of  criminal  violence  upon  one  by  the  other,  or  in 
eases  of  criminal  actions  or  proceedings  brought  under  the 
provisions  of  section  270  of  this  code,  or  in  cases  of  criminal 
actions  or  proceedings  for  bigamy.  En.  February  14,  1872. 
Am'd.  1873-4,  451  j   1905,  140. 

Cal.  Rep.  Cit.     64,  257;   64,  259;  70,  54;   73,  637;   137,  536. 
Husband  or  wife  as  witness:  See  Code  Civ.  Proc,  sec  1881, 
subd.  1. 

§  1323.  When  the  defendant  is  not  a  competent  wit- 
ness. A  defendant  in  a  criminal  action  or  proceeding  can- 
not be  compelled  to  be  a  witness  against  himself;  but  if 
he  offer  himself  as  a  witness,  he  may  be  cross-examined  by 
the  counsel  for  the  people  as  to  all  matters  about  which 
he  was  examined  in  chief.  His  neglect  or  refusal  to  be  a 
witness  cannot  in  any  manner  ])reju(lice  him,  nor  be  used 
against  him  on  the  trial  or  proceeding.  En.  February'  14, 
1872.     Am'd.   1873-4,  451. 


§  1326  COMPELLING     ATTENDANCE     OF    WITNESSES.  462 

Cal.  Eep.  Cit.  47,  126;  53,  67;  57,  573;  66,  603;  66,  604; 
70,  54;  73,  245;  75,  386;  75,  387;  75,  388;  75,  416;  78, 
92;  78,  94;  81,  116;  83,  139;  83,  378;  98,  238;  99,  36i; 
99,  442;  100,  475;  100,  481;  100,  482;  104,  487;  118, 
461;  122,  126;  122,  497;  134,  142;  134,  689;  143,  388; 
145,  506. 


CHAPTEE   in. 

COMPELLING    THE    ATTENDANCE    OF    WITNESSES.- 

§  1326.  Subpoena   defined,    and   who   may   issue. 

§  1327.  Form   of   subpoena. 

§  132S.  Subpoena,    by    whom   and    how    served. 

§  1329.  Expenses   of   witness   fiom   without  the   county,    or  poor. 

§  1330.  Attendance    of   witness   residing    or   served   out   of   the   county. 

§  1331.  Disobedience    to   subpoena,    etc. 

§  1332.  Failure    to    appear,    undertaking    forfeited. 

§  1333.  Temporary    removal    of    imprisoned    witness. 

§  1326.  Subpoena  defined,  and  who  may  issue.  The  pro- 
cess by  which  the  attendance  of  a  witness  before  a  court 
or  magistrate  is  required  is  a  subpoena;  it  may  be  signed 
and   issu-^d   by: 

1.  A  magistrate  before  whom  a  complaint  is  laid,  for 
witnesses  in  the  state,  either  on  behalf  of  the -people  or 
of  the  defendant. 

2.  The  district  attorney,  for  witnesses  in  the  state,  in 
support  of  the  prosecution,  or  for  such  other  witnesses  as 
the  grand  jury,  upon  an  investigation  pending  before  them, 
may  direct. 

3.  The  district  attorney,  for  witnesses  in  the  state,  in 
support  of  an  indictment  or  information,  to  appear  before 
the  court  in  which  it  is  to  be  tried. 

4.  The  clerk  of  the  court  in  which  an  indictment  or 
information  is  to  be  tried;  and  he  must,  at  any  time,  upon 
application  of  the  defendant,  and  without  charge,  issue  as 
many  blank  subpoenas,  subscribed  by  him  as  clerk,  for  wit- 
nesses in  the  state,  as  the  defendant  may  require.  En. 
February   14,   1872     Am'd.   1880,  27. 

Crim.  Prac.  Act,  sec.  547.  En.  April  20,  1850.  Eep.  1851, 
290. 

Crim.  Prac.  Act,  sec.  548.  En.  April  20,  1850.  Eep.  1851, 
290. 


463  COMPELLING     ATTENDANCE     OF    WITNESSES.     §§   1327,   13:!8 

Crim.  Prac.  Act,  sec.  549.  En.  April  20,  1850.  Eep.  1851, 
290. 

Crim.  Prac.  Act,  sec.  550.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Crim.  Prac.  Act,  sec.  551.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Subpoena  defined:  Code  Civ.  Proc,  sec.  1985. 

§  1327.  Form  of  subpoena.  A  subpoena  authorized  by 
the  last  section  must  be  substantially  in  the  following  form: 
The  people  of   the  state  of  California   to   A  B: 

You  are  eonjmanded   to   appear  before   C  D,   a  justice   of 

the  peace  of  township,  in  ■ — —  county,   [or  as  the  case 

may  be]  at  [naming  the  place],  on  [stating  the  day  and 
hour],  as  a  witness  in'  a  criminal  action  prosecuted  by- 
the  people  of  the  state  of  California  against  E  F. 

Given    under    my    hand    this    day    of    ,    A.    D. 

eighteen  ,  G  H,  justice  of  th'e  peace,  [or  "J  K,  dis- 
trict attorney, "  or  "  By  order  of  the  court,  L  M,  clerk, ' '  or 
as  the  case  may  be].  If  books,  papers,  or  documents  are 
required,  a  direction  to  the  following  effect  must  be  con- 
tained in  the  subpoena:  "And  yo^i  are  required,  also,  to 
bring  with  you  the  following  [describing  intelligibly  the 
books,  papers,  or  documents  required].  En.  February  14, 
1872. 

Crim.  Prac.  Act,  sec.  552.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Crim.  Prac.  Act,  see.  553.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  1328.  Subpoena,  by  whom  and  how  served.  A  sub- 
poena may  be  served  by  any  person,  but  a  peace  officer 
must  serve  in  his  county  any  subpoena  delivered  to  him 
for  service,  either  on  the  part  of  the  people  or  of  the  de- 
fendant, and  must,  without  delay,  make  a  written  return 
of  the  service,  subscribed  by  him,  stating  the  time  and 
place  of  service.  The  service  is  made  by  showing  the  orig- 
inal to  the  witness  personally,  and  informing  him  of  its 
contents.     En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  554.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Crim.  Prac.  Act,  sec.  555.  En."  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 


§§  1329-1331     COMPELLIXG    ATTENDANCE    OF    WITNESSES.  461 

Subpoena,  how  served  in  civil  cases:  Code  Civ.  Proc,  see. 
1987. 

§  1329.  Expenses  of  witness  from  without  the  county, 
or  poor.  When  a  person  attends  before  a  magistrate,  grand 
jury,  or  court,  as  a  witness  in  a  criminal  case,  upon  a 
subpoena  or  in  pursuance  of  an  undertaking,  and  it  appears 
that  he  has  come  from  a  place  outside  of  the  county,  or 
that  he  is  poor  and  unable  to  pay  the  expenses  of  such  at- 
tendance, the  court,  at  its  discretion,  if  the  attendance 
of  the  witness  be  upon  a  trial  by  an  order  upon  its  min- 
utes, or  in  any  other  case,  the  judge,  at  his  discretion,  by 
a  written  order,  may  direct  the  county  ai*ditor  to  draw 
his  warrant  upon  the  county  treasurer  in  favor  of  witness 
for  a  reasonable  sum,  to  be  specified  in  the  order,  for  the 
necessarv  expenses  of  the  witness.  En.  February  14,  1872. 
Am'd.   1875-6,   117. 

Cal.Eep.Cit.  64,  244;  109,  334;  109,  335;  130,  676;  130, 
677. 

Crim.  Prac.  Act,  sec.  556.  En.  April  20,  1850.  Eep.  1851, 
290.  En.  1851,  212.  Am'd.  1872,  82. 

Cal.  Eep.  Git.  36,  555;  36,  557. 

Grim.  Prac.  Act,  sec.  557.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Cal.  Eep.  Git.     36,  555;   36,  557. 

§  1330.  Attendance  of  witness  residing  or  served  out 
of  the  county.  No  person  is  obliged  to  attend  as  a  witness 
before  a  court  or  magistrate  out  of  the  county  where  the 
witness  resides,  or  is  served  with  the  subpoena,  unless  the 
judge  of  the  court  in  which  the  offense  is  triable,  or  a 
justice  of  the  supreme  court,  or  a  judge  of  a  superior 
court,  upon  an  affidavit  of  the  district  attorney  or  prosecu- 
tor, or  of  the  defendant,  or  his  counsel,  stating  that  he 
believes  the  evidence  of  the  witness  is  material,  and  his 
attendance  at  the  examination  or  trial  necessary,  shall  in- 
dorse on  the  subpoena  an  order  for  the  attendance  of  the 
witness.     En.  February  14,  1872.     Am'd.  1880,  34. 

Cal.  Eep.  Git.     70,  205;  132,  305. 

Crim.  Prac.  Act,  sec.  558.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1331.  Disobedience  to  subpoena,  etc.  Disobedience  to 
a   subpoena,   or   a   refusal   to   be   sworn   or   to   testify   as   a 


465  COMPELLING    ATTENDANCE    OP   "WITNESSES.     §§  1332,  13^3 

witness,  may  be  punished  by  the  court  or  magistrate  as  a 
contempt.  A  witness  disobeying  a  subpoena  issued  on  the 
part  of  the  defendant,  unless  he  show  good  cause  for  his 
non-attendance,  is  liable  to  the  defendant  in  the  sum  of 
one  hundred  dollars,  which  may  be  recovered  in  a  civil 
action.     En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  559.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Crim.  Prac.  Act,  sec.  561.  En.  April  20,  1850.  Eep.  1851, 
290.     En,    1851,   212. 

Contempts:  Code  Civ.  Proc,  sees.  1209-1222. 

§  1332.  Failure  to  appear,  undertaking  forfeited.  When 
a  witness  has  entered  into  an  undertaking  to  appear,  upon 
his  failure  to  do  so  the  undertaking  is  forfeited  in  the 
same  manner  as  undertakings  of  bail.  En.  February  14, 
1872. 

Crim.  Prac.  Act,  sec.  560.  En.  April  20,  1850.  Rep.  1851, 
290.     En.    1851,   212. 

§  1333.     Temporary     removal     of     imprisoned     witness. 

When  the  testimony  of  a  material  witness  for  the  people 
is  required  in  a  criminal  action,  before  a  court  of  record 
of  this  state,  and  such  witness  is  a  prisoner  in  the  state 
prison,  or  in  a  county  jail,  an  order  for  his  temporary  re- 
moval from  such  prison  or  jail,  and  for  his  production  be- 
fore such  court,  may  be  made  by  the  court  in  which  the 
action  is  pending,  or  by  the  judge  thereof;  but  in  case  the 
prison  or  jail  is  out  of  the  county  in  which  the  applica- 
tion is  made,  such  order  shall  only  be  made  upon  the  affi- 
davit of  the  district  attorney,  or  other  person,  on  behalf 
of  the  people,  showing  that  the  testimony  is'  material  and 
necessary;  and  even  then  the  granting  of  the  order  shall 
be  in  the  discretion  of  the  court  or  judge.  The  order  shall 
be  executed  by  the  sheriff  of  the  county  in  which  it  shall  be 
made,  whose  duty  it  shall  be  to  bring  the  prisoner  before 
the  proper  court,  to  safely  koep  him,  and  when  he  is  no  longer 
required  as  a  witness,  to  return  him  to  the  prison  or  jail 
whence  he  was  taken;  the  expense  of  executing  such  order 
shall  be  paid  by  the  county  in  which  the  order  shall  be  made. 
En.  Stats.   1877-8,   123. 

Cal.  Rep.  Cit.     82,  457;  82,  461;  82,  463;  82,  468. 
Pen.  Code— 30 


§§  1333,  1336  EXAMINATION    CONDITIONALLY.  466 

CHAPTER  IV. 

EXAMINATION    OF    WITNESSES    CONDITIONALLY. 

§  1335.  Examination    of   witnesses   conditionally. 

§  1336.  In   what   cases   order  may  be  applied   for. 

§  1337.  Application,    ho  A'   made. 

§  1338.  Application,    to    whom    made. 

§  1339.  Order,    what    to   contain. 

§  1340.  Defendant    has    right    to   be    present   at   examination. 

§  1341.  Examination    not    to    proceed,    when. 

§  1342.  Attendance   of   witness,    how   enforced. 

§  1343.  Testimony,    how    taken   and   authenticated. 

§  1344.  Deposition    to   be   transmitted   to   clerk. 

§  1345.  When   may  be   read  in  evidence.     Objections,   etc. 

§  1346.  Deposition   of  witness   imprisoned   in   another  county. 

§  1335.  Examination  of  witnesses  conditionally.  When 
a  defendant  has  been  held  to  answer  a  charge  for  a  public 
offense,  he,  in  all  cases,  and  the  people  in  cases  other  than 
of  homicide,  may,  either  before  or  after  an  indictment  or 
information,  have  witnesses  examined  conditionally  in  his 
or  their  behalf,  as  prescribed  in  this  chapter.  En.  Febru- 
ary 14,  1872.     Am'd.  1880,  27;  1905,  702. 

1335,  1336,  1337,  1338,  1339,  1340,  1341.  By  the  amendment  to  the  above 
sections,  the  provisions  of  the  statute  respecting  the  condltion^tl 
examination  of  witnesses  have  been  extended  so  far  as  may  be  con- 
stitutionally -done,  to  the  end  that  the  prosecution,  except  in  cases 
of  homicide,  may  have  the  same  privilege  as  the  accused  of  taking 
conditionally  the  testimony  of  witnesses  who  are  about  to  leave 
the  state,  or  who  are  so  sick  and  infirm  as  to  afford  reasonable 
grounds  for  apprehending  that  they  will  be  unable  to  attend  the 
trial.  The  proposed  change  is  within  the  contemplation  of  that  part 
of  section  13  of  Article  I  of  the  Constitution,  which  provides  that 
"the  legislature  shall  have  power  to  provide  for  the  taking,  in  the 
presence  of  the  party  accused  and  his  counsel,  of  depositions  of 
witnesses  in  criminal  cases,  other  than  cases  of  homicide,  when  tnf^re 
is   reason    to   believe   that   the    witness,    from    inabilty   or   other   cause, 

.    will   not   attend   the   trial."  — Code   Commissioner's   Note. 

Crim.  Prac.  Act,  sec.  562.  En.  April  20,  1850.  Rep.  1851, 
290.  En.  1851,  212. 

Cal.  Rep.  Cit.  38,  186;  38,  187. 

§  1336.  In  wliat  cases  an  order  may  be  applied  for.  When 
a  material  witness  for  the  defendant,  or  for  the  peopie,  is 
about  to  leave  the  state,  or  is  so  sick  or  infirm  as  to  afford 
reasonable  grounds  for  apprehension  that  he  will  be  unable 
to  attend  the  trial,  the  defendant  or  the  people  may  apply 
for  an  order  that  the  witness  be  examined  conditionally.  En. 
February  14,  1872.     Am'd.   1905,  702. 

See  note  to  §  1335,  ante. 


467  EXAMINATION     CONDITIONALLY.  §§  1337-1339 

Cal.  Eep.   Cit.     66,  396;   82,  463. 

Crim.  Prac.  Act,  sec.  563.     En.  April  20,  1850.     Rep.  1851, 
290.     En.  1851,  212. 
Cal.  Rep.  Cit.     186. 

§  1337.  Application,  how  made.  The  application  must  be 
made  upon  affidavit  stating: 

1.  The  nature  of  the  offense  charged; 

2.  The  state  of  the  proceedings  in  the  action; 

3.  The  name  and  residence  of  the  witness,  and  that  his 
testimony  is  material  to  the  defense  or  the  prosecution  of 
the  action; 

4.  That  the  witness  is  about  to  leave  the  state,  or  is  so 
sick  or  infirm  as  to  afford  reasonable  grounds  for  apprehend- 
ing that  he  will  not  be  able  to  attend  the  trial.  En,  Fjeb- 
ruary  14,  1872.     Am'd.  1905,  703. 

See  note  to  §  1335,  ante. 

Cal.  Rep.  Cit.  82,  463. 

Crim.  Prac.  Act,  sec.  566.     En.  April  20,  1850.     Rep.  1851, 
290.     En.  1851,  212. 
Cal.  Rep.  Cit.     38,  186. 

§  1338.  Application,  to  whom  made.  The  application  may 
be  made  to  the  court,  or  a  judge  thereof,  and  must  be 
upon  three  days'  notice  to  the  opposite  party.  En.  Febru- 
ary 14,  1872.     Am'd.  1880,  5;  1905,  703. 

See  note   to   §   1335,  ante. 

Crim.  Prac.  Act,  sec.  567.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  1339.  Order,  what  to  contain.  If  the  court  or  judge  is 
satisfied  that  the  examination  of  the  witness  is  necessary, 
an  ordur  must  be  made  that  the  witness  be  examined  con- 
ditionally, at  a  S2>ecified  time  and  place,  and  before  a  magis- 
trate designated  therein.  En,  February  14,  1872.  Am'd. 
1905,  703. 

See  note  to  §  1335,  ante. 

Crim.  Prac.  Act,  sec.  568.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,   212. 

Crim.  Prac.  Act,  sec.  569.  En.  April  20,  1850.  Rep. 
1851,  290.     En.  1851,  212. 

16 


§§  1340-1345  EXAMINATION    CONDITIONALLY.  468 

§  1340.  Defendant  has  right  to  be  present  at  examina- 
tion. The  defendant  has  the  right  to  be  present  in  person 
and  with  counsel  at  such  examination,  and  if  the  defendant 
is  in  custody,  the  officer  in  whose  custody  lie  is,  must  be 
informed  of  the  time  and  place  of  such  examiuaticra,  and 
must  take  the  defendant  thereto,  and  keep  him  in  the  pres- 
ence and  hearing  of  the  witness  during  the  examination. 
En.  February  14,  1872.     Am'd.  1905,  703. 

See  note  to  §  1335,  ante. 

§    1341.     Examination  not  to   proceed,   when.     If,   at   the 

time  and  place  so  designated,  it  is  shown  to  the  satisfac- 
tion of  the  magistrate  that  the  witness  is  not  about  to  leave 
the  state,  or  is  not  sick  or  infirm,  or  that  the  application  was 
made  to  avoid  the  examination  of  the  witness  on  the  trial, 
the  examination  cannot  take  place.  En.  February  14,  1872. 
Am'd.  1905,  703. 

See  note  to  §  1335,  ante. 

§  1342.  Attendance  of  witness,  how  enforced.  The  at- 
tendance of  the  witness  may  be  enforced  by  a  subpoena, 
issued  by  the  magistrate  before  whom  the  examination  is  to 
be  taken.     En.  February  14,  1872. 

§    1343,     Testimony,  how  taken   and    authenticated.     The 

testimony  given  by  the  witness  must  be  reduced  to  writing, 
and  authenticated  in  the  same  manner  as  the  testimony  of 
a  witness  taken  in  support  of  an  information.  En.  Febru- 
ary 14,  1872. 

§  1344.  Deposition  to  be  transmitted  to  clerk.  The  depo- 
sition taken  must,  by  the  magistrate,  be  sealed  up  and 
transmitted  to  the  clerk  of  the  court  in  which  the  action 
is  pending,  or  may  come  for  trial.     En.  February  14,  1872. 

§  1345.     When  may  be  read  in  evidence.     Objections,  etc. 

The  deposition  or  a  certified  copy  thereof,  may  be  read 
in  evidence  by  either  party  on  the  trial,  upon  its  appear- 
ing that  the  witness  is  unable  to  attend,  by  reason  of  his 
death,  insanity,  sickness,  or  infirmity,  or  of  his  continued 
absence  from  the  state.  Upon  reading  the  deposition  in 
evidence,  the  same  objections  may  be  taken  to  a  question 
or  answer  contained  therein  as  if  the  witness  has  been  ex- 
amined orally  in  court.     En.  February  14,  1872. 


469  EXAMINATION    CONDITIONALLY.  §§   1346,  1343 

Cal.  Eep.  Cit.  75,  303;  108,  445. 

Crim.  Prac.  Act,  sec.  582.  En.  April  20,  1850. 

Eep.  1851,  290.  En.  1851,  212. 

§  1346.  Deposition  of  witness  imprisoned  in  another 
county.  When  a  iiuiterial  witness  for  a  defendant,  under 
a  criminal  charge,  is  a  prisoner  in  the  state  prison,  or  in 
the  county  jail  of  a  county  other  than  that  in  which  the 
defendant  is  to  be  tried,  his  deposition  may  be  taken,  on 
behalf  of  the  defendant,  in  the  manner  provided  for  in  the 
case  of  a  witness  who  is  sick,  and  the  provisions  of  the 
Penal  Code,  commencing  with  section  thirteen  hundred  and 
thirty-five,  and  ending  with  section  thirteen  hundred  and 
forty-five,  shall,  so  far  as  applicable,  govern  in  the  applica- 
tion for  and  in  the  taking  and  use  of  such  deposition.  Such 
deposition  may  be  taken  before  any  magistrate  or  notary 
public  of  the  county  in  which  the  jail  or  prison  is  situated; 
or  in  case  the  witness  is  confined  in  the  state  prison,  and 
the  defendant  is  unable  to  pay  for  taking  the  deposition,  be- 
fore the  warden  or  clerk  of  the  board  of  directors  of  the 
state  prison,  whose  duty  it  shall  be  to  act  without  compensa- 
tion. Every  officer,  before  whom  testimony  shall  be  taken 
by  virtue  hereof,  shall  have  authority  to  administer,  and  shall 
administer,  an  oath  to  the  witness  that  his  testimony  shall 
be  the  truth,  the  whole  truth,  and  nothing  but  the  truth. 
En.  Stats.   1877-8,  123.     Am'd.  1880,  28. 

Cal.  Eep.  Cit.     82,  457;  82,  463. 

CHAPTEE    V. 

EXAMINATION    OF    WITNESSE.S    ON    COMMISSION. 

§  1349.  ■  Examination    of   witness   residing   out   of   the   state. 

§  1350.  When    defendant   may   apply   for  an  order   to   examine. 

§  1351.  Commission    defined; 

§  1352.  Application    made   on   affidavit. 

§  1353.  Application,    to    whom    made. 

§  1354.  Order    for   commission,    when    grante-d,    stay   of   proceedings. 

§  1355.  Interrogations,    how    settled    and    allowed. 

§  1356.  Direction    as   to    the    return    of    the    commission. 

§  1357.  Commission,    how   executed. 

§  1358.  Returned    commission,    delivered    to    an    agent. 

§  1359.  Same. 

§  1360.  When   and    how   filed. 

§  1361.  CJonmiission    and    return,    open    for   Inspection.     Copies,    etc. 

§  1362.  Depositions    to    be    read    in    evidence.    Objections. 

§  1349.     Examination  of  witness  residing  out  of  the  state. 

When  an  issue  of  fact  is  joined  upon  an  indictment  or  in- 
formation,  the   defendant   may   have   any   material   witness, 


§§  1350-1354  FXAMINATION    ON    COMMISSION.  470 

residing  out  of  the  state,  examined  in  his  behalf,  as  pre- 
scribed in  this  chapter,  and  not  otherwise.  En.  February 
14,  1872.     Am'd.  1880,  28. 

Cal.  Eep.   Cit.     84,   26. 

§  1350.  When  defendant  may  apply  for  an  order  to  ex- 
amine. When  a  material  witness  for  the  defendant  resides 
out  of  the  state,  the  defendant  may  apply  for  an  order  that 
the  witness  be  examined  on  a  commission.  En.  February 
14,  1872. 

§  1351.  Commission  defined.  A  commission  is  a  process 
issued  under  the  seal  of  the  court  and  the  signature  of 
the  clerk,  directed  to  some  person  designated  as  com- 
missioner, authorizing  him  to  examine  the  witness  upon 
oath  or  on  interrogatories  annexed  thereto,  to  take  and 
certify  the  deposition  of  the  witness,  and  to  return  it  ac- 
cording to  the  directions  given  with  the  commission.  En. 
February    14,    1872. 

Crim.  Prac.  Act,  sec.  564.  En.  April  20,  1850.  Rep.  1851, 
290.     En.    1851,   212. 

§  1352.  Application  made  on  affidavit.  The  application 
must   be   made   upon   affidavit,   stating: 

1.  The   nature   of   the   offense  charged; 

2.  The  state  of  the  proceedings  in  the  action,  and  that 
an  issue  of  fact  has  been  joined  therein; 

3.  The  name  of  the  witness,  and  that  his  testimony  is 
material   to  the  defense  of  the  action; 

4.  That  the  witness  resides  out  of  the  state.  En.  Feb- 
ruary 14,  1872. 

§  1353.     Application,    to    whom    made.     The    application 

may  be  made  to  the  court,  or  a  judge  thereof,  and  must 
be  upon  three  days'  notice  to  the  district  attorney.  En. 
February  14,  1872.     Am'd.  1880,  6. 

Crim.  Frac.  Act,  sec.  573.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  1354.  Order  for  commission,  when  granted,  stay  of 
proceedings.  If  the  court  to  whom  the  application  is  made 
is  satisfied  of  the  truth  of  the  facts  stated,  and  that  the 
examination  of  the  witness  is  necessary  to  the  attain- 
men    of    justice,    an    order    must    be    made    that    a    commis- 


471  EXAMINATION   ON   COMMISSION.  §§  1355-1357 

sion  be  issued  to  take  his  testimony;  and  the  court  may 
insert  in  the  order  a  direction  that  the  trial  be  stayed  for 
a  specified  time,  reasonably  sufficient  for  the  execution  and 
return  of  the  commission.  En.  February  14,  1872.  Am'd. 
1880,  28. 

Cal.  Eep.   Cit.     84,  26;   108,   11. 

§  1355.  Interrogations,  how  settled  and  allowed.  When 
the  commission  is  ordered,  the  defendant  must  serve  upon 
the  district  attorney,  without  delay,  a  copy  of  the  inter- 
rogatories to  be  annexed  thereto,  with  two  days'  notice 
of  the  time  at  which  they  will  be  presented  to  the  court  or 
judge.  The  district  attorney  may  in  like  manner  serve 
upon  the  defendant  or  his  counsel  cross-interrogatories,  ro 
be  annexed  to  the  commission,  with  the  like  notice.  In  thq 
interrogatories  either  party  may  insert  any  questions  per- 
tinent to  the  issue.  When  the  interrogatories  and  cross- 
interrogatories  are  presented  to  the  court  or  judge,  ac- 
cording to  the  notice  given,  the  court  or  judge  must  modify 
the  questions  so  as  to  conform  them  to  the  rules  of  evidence, 
and  must  indorse  upon  them  his  allowance  and  annex  them 
to    the    commission.     En.    February    14,    1872. 

Grim.  Prac.  Act,  sec.  570.  En.  April  20,  1850.  Eep.  1851, 
290.     En.    1851,   212. 

Grim.  Prac.  Act,  sec.  571.  En.  April  20,  1850.  Eep.  1851, 
290.     En.    1851,   212. 

Grim.  Prac.  Act,  sec.  572.  En.  April  20,  1850.  Eep.  1851, 
290.     En.    1851,   212. 

§  1356.  Direction  as  to  the  return  of  the  commission. 
Unless  the  parties  otherwise  consent,  by  an  indorsement 
upon  the  commission,  the  court  or  judge  must  indorse 
thereon  a  direction  as  to  the  manner  in  which  it  must 
be  returned,  and  may,  in  his  discretion,  direct  that  it  be 
returned  by  mail  or  otherwise,  addressed  to  the  clerk 
of  the  court  in  which  the  action  is  pending,  designating  his 
name  and  the  place  where  his  office  is  kept.  En.  February 
14,  1872. 

Grim.  Prac.  Act,  sec.  574.  En.  April  20,  1850.  Eep.  1851, 
290.     En.    1851,   212. 

§  1357.  Commission,  how  executed.  The  commissioner, 
unless  otherwise  specially  directed,  may  execute  the  com- 
mission as  follows: 


§  135S  EXAMINATION    ON    COMMISSION.  472 

First.  He  must  publicly  administer  an  oath  to  the  wit- 
ness that  his  answers  given  to  the  interrogatories  shall  be 
the  truth,   the   whole  truth,  and   nothing  but   the   truth. 

Second.  He  must  cause  the  examination  of  the  witness 
to   be   reduced   to  writing,   and   subscribed   by   him. 

Third.  He  must  write  the  answers  of  the  witness  as  near 
as  possible  in  the  language  in  which  he  gives  them,  and 
read  to  him  each  answer  as  it  is  taken  down,  and  correct 
or  add  to  it  until  it  conforms  to  what  he  declares  is  the 
truth. 

Fourth.  If  the  witness  decline  answering  a  question,  that 
fact,  with  the  reason  assigned  by  him  for  declining,  must 
be    stated. 

Fifth.  If  any  papers  or  documents  are  produced  before 
him  and  proved  by  the  witness,  they,  or  copies  of  them, 
must  be  annexed  to  the  deposition  subscribed  by  the  wit- 
ness and  certified  by  the  commissioner. 

Sixth.  The  commissioner  must  subscribe  his  name  to 
each  sheet  of  the  deposition,  and  annex  the  deposition  with 
the  papers  and  documents  proved  by  the  witness,  or  copies 
thereof,  to  the  commission,  and  must  close  it  up  under 
seal,  and  address  it  as  directed  by  the  indorsement  thereon. 

Seventh.  If  there  be  a  direction  on  the  commission  to  re- 
turn it  by  mail,  the  commissioner  must  immediately  deposit 
it  in  the  nearest  postoffice.  If  any  other  direction  be  made 
by  the  written  consent  of  the  parties,  or  by  the  court  or 
judge,  on  the  commission,  as  to  its  return,  the  commis- 
sioner must  comply  with  the  direction. 

A  copy  of  this  section  must  be  annexed  to  the  commis- 
sion. _  En.  February  14,   1872.     Am'd.   1873-4,  451. 

Crim.  Prac.  Act,  sec.  575.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,   212. 

Crim.  Prac.  Act,  sec.  576.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,   212. 

§  1358.     Returned  commission,  delivered  to  an  agent.     If 

the  commission  and  return  be  delivered  by  the  commis- 
sioner to  an  agent,  he  must  deliver  the  same  to  the  clerk 
to  whom  it  is  directed,  or  to  the  judge  of  the  court  in 
which  the  action  is  pending,  by  whom  it  may  be  received 
and  opened,  upon  the  agent  making  affidavit  that  he  re- 
ceived it  from  the  hands  of  the  commissioner,  and  that 
it  has  not  been  opened  or  altered  since  he  received  it.  En. 
February  14,  1872.     Am'd.  1880,  28. 


473  EXAMINATION    ON    COMMISSION.  §§  1359-1362 

Grim.  Prac.  Act,  sec.  577.  En.  April  20,  1850.  Eep.  1851, 
290.     En.    1851,   212. 

§  1359.  Same.  If  the  agent  is  dead,  or  from  sickness 
or  other  casualty  unable  personally  to  deliver  the  com- 
mission and  return,  as  prescribed  in  the  last  section,  it 
may  be  received  by  the  clerk  or  judge  from  any  other 
person,  upon  his  making  an  affidavit  that  he  received  it 
from  the  agent;  that  the  agent  is  dead,  or  from  sickness 
or  other  casualty  unable  to  deliver  it;  that  it  has  not  been 
opened  or  altered  since  the  person  making  the  affidavit 
received  it;  and  that  he  believes  it  has  not  been  opened 
or  altered  since  it  came  from  the  hands  of  the  commissioner. 
En.  February  14,  1872. 

Grim.  Prac.  Act,  sec.  578.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1360.  When  and  how  filed.  The  clerk  or  judge  receiv- 
ing and  opening  the  commission  and  return  must  immedi- 
ately file  it,  with  the  affidavit  mentioned  in  the  last  two 
sections,  in  the  office  of  the  clerk  of  the  court  in  which 
the  indictment  is  pending.  If  the  commission  and  return 
is  transmitted  by  mail,  the  clerk  to  whom  it  is  addressed 
must  receive  it  from  the  postoffice,  and  open  and  file  it 
in  his  office,  where  it  must  remain,  unless  otherwise  directed 
by   the    court    or   judge.     En.    February    14,    1872. 

Grim.  Prac.  Act,  sec.  579.  En.  April  20,  1850.  Eep.  1851, 
290.     En.    1851,   212. 

Grim.  Prac.  Act,  sec.  580.  En.  April  20,  1850.  Eep.  1851, 
290.     En.    1851,   212. 

§  1361.  Commission  and  return,  open  for  inspection. 
Copies,  etc.  The  commission  and  return  must  at  all  times 
be  open  to  the  inspection  of  the  parties,  who  must  be  fur- 
nished by  the  clerk  with  copies  of  the  same  or  of  any  part 
thereof,  on  payment  of  his  fees.     En.  February  14,  1872. 

Grim.  Prac.  Act,  sec.  581.  En.  April  20,  1850.  Eep.  1851, 
290.     En.    1851,   212. 

§  1362.  Depositions  to  be  read  in  evidence.  Objections. 
The  depositions  taken  under  the  commission  may  be  read 
in  evidence  by  either  party  on  the  trial,  upon  it  being 
shown  that  the  witness  is  unable  to  attend  from  any  cause 


§§  1367,  1368  INQUIRY     INTO     INSANITY.  471 

whatever;  and  the  same  objections  may  be  taken  to  a  ques- 
tion in  the  interrogatories  or  to  an  answer  in  the  deposi- 
tion, as  if  the  witness  had  been  examined  orally  in  court. 
En.  February  14,  1872. 


CHAPTER  VI. 

INQUIRY    INTO    THE    IX  SANITY    OF    THE    DEFENDANT     BEFORE 
TRIAL    OR    AFTER    CONVICTION. 

§  1367.    Insane   person   cannot   be  tried,    or  punished. 

§  1368.     Doubt   as   to   sanity   of   defendant;    examination   of,    before   jury; 

stay    of    proceedings. 
§  1369.     Trial    of    the   question    of   insanity.     Charge    of    the    court. 
§  1370.     Verdict  of  the  jury  as  to  sanity,   and   proceedings  thereon. 
§  1371.     If   'defendant    is    ccmmitted.    it    exonerates   his   bail,    etc. 
§  1372.     Defendant   detained    in   asylum   until   he   becomes   sane. 
§  1373.    Expenses     of    sending,     etc.,     defendant    to    hospital,     a    charge 

against    county. 

§  1367.  Insane  person  cannot  be  tried,  or  punished.  A 
person  cannot  be  tried,  adjudged  to  punishment,  or  pun- 
ished for  a  public  offense,  while  he  is  insane.  En.  Feb- 
ruary 14,  1872. 

Cal.  Rep.  Cit.  105,  340;  106,  56;  126,  427;  126,  616;  129, 
331;   129,  332;   142,  338. 

Crim.  Prac.  Act,  sec.  583.     En.  April  20,  1850.     Rep.  1851, 
290.     En.  1851,  212. 
Cal.  Rep.  Cit.     31,  579. 
Acquittal  on  the  ground  of  insanity:  Ante,  sec.  1167. 

§  1368.  Doubt  as  to  sanity  of  defendant;  examination 
of,  before  jury;  stay  of  proceedings.  If  at  any  time  dur- 
ing the  pendency  of  an  action  up  to  and  including  the  time 
when  defendant  is  brought  up  for  judgment  on  conviction 
a  doubt  arises  as  to  the  sanity  of  the  defendant,  the  court 
must  order  the  question  as  to  his  sanity  to  be  submitted  to 
a  jury;  and  the  trial  or  the  pronouncing  of  the  judgment 
must  be  suspended  until  the  question  is  determined  by  their 
verdict,  and  the  trial  jury  may  be  discharged  or  retained, 
according  to  the  discretion  of  the  court,  during  the  pendency 
of  the  issue  of  insanity.  En.  February  14,  1872.  Am'd. 
1873-4,  452;  1880,  28;  1905,  222. 

Cal.  Rep.  Cit.  67,  380;  85,  301;  85,  302;  85,  303;  105,  340; 
106,  51;  116,  441;  126,  426;  126,  427;  126,  616;  132, 
305;  138,  379. 


475  INQUIRY   INTO   INSANITY.  §§  1369,  1370 

Crim.  Prac.  Act,  sec.  584.  En.  April  20,  1850.  Eep.  1851, 
290.  En.  1851,  212. 

Cal.  Eep.  Cit.  31,  580. 

Crim.  Prac.  Act,  see.  585.  En.  April  20,  1850.  Kep.  1851, 
290.     En.   1851,   212. 

Insanity  as  a  defense  generally:  Ante,  sec.  26. 

Order  of  trial:  Ante,  sec.  1369. 

Acquittal  on  the  ground  of  insanity:  See  ante,  sec. 
1167. 

§  1369.  Trial  of  the  question  of  insanity.  Charge  of 
the  court.  The  trial  of  the  question  of  insanity  must  pro- 
ceed in  the  following  order: 

1.  The  counsel  for  the  defendant  must  open  the  case, 
and  offer  evidence  in  support  of  the  allegation  of  insanity; 

2.  The  counsel  for  the  people  may  then  open  their  case, 
and  offer  evidence  in  support  thereof; 

3.  The  parties  may  then  respectively  offer  rebutting  testi- 
mony only,  unless  the  court,  for  good  reason,  in  furtherance 
of  justice,  permit  them  to  offer  evidence  upon  their  orig- 
inal cause; 

4.  When  the  evidence  is  concluded,  unless  the  case  is 
submitted  to  the  jury  on  either  or  both  sides  without  argu- 
ment, the  counsel  for  the  people  must  commence,  and  the 
defendant  or  his  counsel  may  conclude  the  argument  to  the 
jury; 

5.  If  the  indictment  be  for  an  offense  punishable  with 
death,  two  counsel  on  each  side  may  argue  the  cause  to 
the  jury,  in  which  case  they  must  do  so  alternately.  In 
other  cases,  the  argument  may  be  restricted  to  one  coun- 
sel  on  each   side; 

6.  The  court  must  then  charge  the  jury,  stating  to  them 
all  matters  of  law  necessary  for  their  information  in  giving 
their  verdict.     En.  February  14,   1872. 

Cal.  Eep.  Cit.     105,  340;  126,  426;  126,  616. 

Crim.  Prac.  Act,  sec.  586.  En.  April  20,  1850.  Eep.  1851 
290.     En.   1851,   212. 

Crim.  Prac.  Act,  sec.  587.  •  En.  April  20,  1830.  Eep.  1851 
290.     En.   1851,   212. 

§  1370.  Verdict  of  the  jury  as  to  sanity,  and  proceedings 
thereon.     If    the    jury   finds    the    defendant    sane,    the    trial 


§§  1371,  1372  INQUIRY    INTO    INSANITY.  475 

must  proceed,  or  judgment  be  pronounced,  as  the  case  may 
be.  If  the  jury  finds  the  defendant  insane,  the  trial  or 
judgment  must  be  suspended  until  he  becomes  sane,  and  the 
court  must  order  that  he  be  in  the  meantime  committed  by 
the  sheriff  to  a  state  hospital  for  the  care  and  treatment  of 
the  insane,  and  that  upon  his  becoming  sane  he  be  rede- 
livered to  the  sheriff.  En.  February  14,  1872.  Am'd.  1873- 
4,  453;   1880,  29;   1905,  704. 

The  change   consists  in  the  substitution  of  the  words   "a  state  hospital 
for   the   care   and    treatment   of   the   insane,"    in   the   place   of    "insane 

asylum."— Code    Commi-ssioner's   Note. 

Cal.  Eep.  Cit.  126,  617;  129,  331;  138,  380. 

Crim.  Prae.  Act,  see.  588.  En.  April  20,  1850.  Eep.  1851, 
290.  En.  1851,  212. 

Crim.  Prac.  Act,  sec.  589.  En.  April  20,  1850.  Eep.  1851, 
290.  En.  151,  212. 

Cal.  Eep.  Cit.  31,  580. 

Insane  defendant,  redelivery  to  sheriff  on  discharge  from 
asylum:  See  Pol.  Code,  sec.  2189. 

§  1371.  If  defendant  is  committed,  it  exonerates  his  bail, 
etc.  The  commitment  of  the  defendant,  as  mentioned  in 
the  last  section,  exonerates  his  bail,  or  entitles  a  person, 
authorized  to  receive  the  property  of  the  defendant,  to  a 
return  of  any  money  he  may  have  deposited  instead  of 
bail.     En.  February  14,   1872. 

Crim.  Prac.  Act,  sec.  590.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1372.  Defendant  detained  in  hospital  until  he  becomes 
sane.  If  the  defendant  is  received  into  the  state  hospital 
he  must  be  detained  there  until  he  becomes  sane.  When  he 
becomes  sane,  the  superintendent  must  certify  that  fact  to 
the  sheriff  and  district  attorney  of  the  couny.  The  sheriff 
must  thereupon,  without  delay,  bring  the  defendant  from  the 
state  hospital,  and  place  him  in  proper  custody  until  he  is 
brought  to  trial  or  judgment,  as  the  case  may  be,  or  is 
legally  discharged.  En.  February  14,  1872.  Am'd.  1905, 
704. 

The   change    consists   in   the   substitution    of   the   words    "state   hospital" 
for    "asylum.'-' — Code    Ccmmissionep's    Note. 

Cal.  Eep.  Cit.     126,  616;  126,  617;  129,  331;  129,  332. 
Crim.  Prac.  Act,  see.  591.     En.  April  20,  1850.     Eep.  1851, 
290.     En.  1851,  212. 

Cal.   Eep.   Cit.     31,  581. 


477  COMPROMISING    CERTAIN    OFFENSES.  §§  1373-1378 

§  1373.  Expenses  of  sending,  etc.,  defendant  to  hospital, 
a  charge  against  county.  The  expenses  of  sending  the  de- 
fendant to  the  state  hospital,  of  keeping  him  there,  and  of 
bringing  him  back,  are  in  the  first  instance  chargeable  to 
the  county  in  which  the  indictment  was  found,  or  informa- 
tion filed;  but  the  county  may  recover  them  from  the  estate 
of  the  defendant,  if  he  has  any,  or  from  a  relative,  town, 
city,  or  county  bound  to  provide  for  and  maintain  him.  En. 
i^bruary  14,  1872.     Am'd.  1880,  29;  1905,  704. 

The   change   consists   in   the   substitution   of   the   words    "state   hospital" 
for    "asylum." — Code   Commissioner's   Note. 

Cal.  Eep.  Cit.     126,  616;  129,  331;  138,  380;   138,  381;  138, 
382;  138,  383. 

Crim.  Frac.  Act,  sec.  592.  En.  April  20,  1850.  Kep.  1851, 
290.     En.  1851,  212. 


CHAPTER  VII. 

COMPROMISING     CERTAIN     PUBLIC     OFFENSES     BY     LEAVE     OF 
THE    COURT. 

§  1377.     Compromise    of    offenses    for    which    civil    action    may    be    haa. 
§  1378.     Compromise    by    permission    of    the    court    bars    another   prosecu- 
tion. 
§  1379.     No    public    offense    to    be    compromised    except. 

§  1377.  Compromise  of  offenses  for  which  civil  action 
may  be  had.  When  a  defendant  is  held  to  answer  on  a 
charge  of  misdemeanor,  for  which  the  person  injured  by 
the  act  constituting  the  offense  has  a  remedy  by  a  civil 
action,  the  offense  may  be  compromised  as  provided  in  the 
next  section,  except  when  it  is  committed: 

1.  By  or  upon  an  officer  of  justice,  while  in  the  execution 
of  the  duties  of  his  office. 

2.  Riotously. 

3.  With  an  intent  to  commit  a  felony.  En.  February  14, 
1872. 

Crim.  Prac.  Act,  sec.  675.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  1378.  Compromise  by  permission  of  the  court  bars  an- 
other prosecution.  If  the  party  injured  ajipears  before  the 
court  to  which  the  depositions  are  required  to  be  returned, 
at  any  time  before  trial,  and  acknowledges  that  he  has  re- 
ceived satisfaction  for  thi;  injury,  the  court  may,  in  its  dis- 


§§  1379,  1382  DISMISSAL,    OF  THE   ACTION.  47S 

cretion,  on  payment  of  the  costs  incurred,  order  all  pro- 
ceedings to  be  stayed  upon  the  prosecution,  and  the  de- 
fendant to  be  discharged  therefrom;  but  in  such  case  the 
reasons  for  the  order  must  be  set  forth  therein,  and  entered 
on  the  minutes.  The  order  is  a  bar  to  another  prosecution 
for  the  same  offense.     En.  February  14,  1872. 

Crim.  Prae.  Act,  sec.  676.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,   212. 

Crim.  Prac.  Act,  sec.  677.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Restoration  of  property  embezzled,  ground  for  mitigation 
of  punishment:   Ante,  sec.  513. 

§  1379.  No  public  offense  to  be  compromised  except.  Na 
public  offense  can  be  compromised,  nor  can  any  proceeding 
or  prosecution  for  the  punishment  thereof  upon  a  compromise 
be  stayed,  except  as  provided  in  this  chapter.  En.  Febru- 
ary 14,  1872. 

Crim.  Prac.  Act,  sec.  678.  En.  April  20,  1850.  Sep.  1851, 
290.     En.  1851,  212. 


CHAPTER  VIII. 

DISMISSAL    OF    THE    ACTION    BEFORE    OR    AFTER    INDICTMENT 
FOR    WANT    OF    PROSECUTION     OR    OTHERWISE. 

§  1382.    When   action   may  be  dismissed. 
§  1383.     Continuance    and    disciiarge    from   custody. 
§  1384.     If   action    dismissed,    defendant    to    be    discharged,    etc. 
§  1385.     Dismissed    on    motion    of    court    or   application    of    district    attor- 
ney. 
§  1386.     Nolle    prosequi   abolished. 
§  1387.    Dismissal    of    actions,    order    for    bar    in    misdemeanor,    but    not 

in         felony. 
§  1388.     Judgment   suspended    in   case   of   minor,    when. 
§  1389.     Prohibiting   minors    to    visit    houses   of   ill-fame. 

§  1382.  When  action  may  be  dismissed.  The  court,  un- 
less good  cause  to  the  contrary  is  shown,  must  order  the 
prosecution  to  be  dismissed  in  the  following  cases: 

1.  When  a  person  has  been  held  to  answer  for  a  public 
offense,  if  an  indictment  is  not  found  or  an  information  liled 
against  him,  within  thirty  days  thereafter.  ■ 

2.  If  a  defendant,  whose  trial  has  not  been  postponed 
upon  his  application,  is  not  brought  to  trial  within  sixty 
days  after  the  finding  of  the  indictment,  or  filing  of  the  in- 
formation.    En.  February  14,  1872.     Am'd.  1880,  29. 


479  DISMISSAL  OP  THE   ACTION.  §§  1383-1385 

Cal.  Eep.  Cit.  54,  101;  54,  413;  54,  414;  63,  346;  65,  218; 
69,  540; -74,  576;  82,  109;  85,  516;  91,  29;  99,  101;  100, 
3;  100,  6;  113,  284;  113,  285;  116,  154;  127,  374;  133, 
357;  140,  658;  144,  56.  Subcl.  2—77,  447;  116,  152; 
127,  373;  130,  162;  133,  351;  136,  294. 

Crim.  Prac.  Act,  sec.  593.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Crim.  Prac.  Act,  sec.  594.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Cal.  Eep.  Cit.     19,  549. 

Dismissal  before  indictment:  See  ante,  sec.  941. 

§  1383.  Continuance  and  discharge  from  custody.  If  the 
defendant  is  not  charged  or  tried,  as  provided  in  the  last 
section,  and  sufficient  reason  therefor  is  shown,  the  court 
may  order  the  action  to  be  continued  from  time  to  time,  ynd 
in  the  meantime  may  discharge  the  defendant  from  custofl^' 
on  his  own  undertaking  of  bail  for  his  appearance  to  an- 
swer the  charge  at  the  time  to  which  the  action  is  contin- 
ued.    En.  February  14,  1872.     Am'd.  1880,  29. 

Cal.   Rep.   Cit.     54,  413. 

Crim.  Prac.  Act,  sec.  595.     En.  April  20,  1850.     Rep.  1851, 
290.     En.  1851,  212. 
Cal.  Rep.  Cit.     19,  550. 

§  1384.  If  action  dismissed,  defendant  to  be  discharged, 
etc.  If  the  court  directs  the  action  to  be  dismissed,  the  de- 
fendant must,  if  in  custody,  be  discharged  therefrom;  or  if 
admitted  to  bail,  his  bail  is  exonerated,  or  mouey  deposited 
instead  of  bail  must  be  refunded  to  him.  En.  ribniarv  14, 
1872. 

Cal.  Rep.   Cit.     54,  414. 

Crim.  Prac.  Act,  sec.  596.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1385.  Dismissed  on  motion  of  court  or  application  of 
district*  attorney.  The  court  may,  cither  of  its  own  motion 
or  upon  the  application  of  the  district  attorney,  aud  in 
furtherance  of  justice,  order  an  action  or  indictment  to  be 
dismissed.  The  reasons  of  the  dismissal  must  be  set  forth 
in  an  order  entered  upon  the  minutes.  En.  February  14, 
1872. 


§§   13S6-13S8  DISMISSAL    OF   THE    ACTION.  480 

Cal.  Rep.  Cit.     48,  253;  64,  263;   71,  546;   So,  Ht'O;   127,  64; 
130,  75;  132,  16;  143,  599;  144,  635. 

Crim.  Prac.  Act,  see.  597.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,  212. 

§  1386.  Nolle  prosequi  abolished.  The  entry  of  a  nolle 
prosequi  is  abolished,  and  neither  the  attorney-general  nor 
the  district  attorney  can  discontinue  or  ahamlon  a  prosecu- 
tion for  a  public  offense,  except  as  provided  in  the  last  sec- 
tion.    En.  February  14,  1872. 

Cal.   Rep.   Cit.     85,  590. 

Crim.  Prac.  Act,  see.  598.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,  212. 

§   1387.     Dismissal  of  actions,  order  for  a  bar  in  misde- 
meanor, but  not  in  felony.     An  order  for  the  disnii.ssa'  of  tiie 
action,    as   provided   in   this   chapter,   is   a  bar   ti)    .-my  DMier 
prosecution  for  the  same  offense,  if  it  is  a  misdenieanur,  un- 
less such  order  is  explicitly  made  for  the  purpose  of  aui-^nd- 
ing    the    complaint    in    such    action,    in    which    instance   such 
order  for  dismissal  of  the  action  shall  not  act  as  a  oar  to  a 
prosecution  uijon  such  amended  complainr;   bvi  an  airier  for 
the  dismissal  of  the  action  is  not  a  bar  if  tiie  offense  is  a  fel- 
ony.    En.  February  14,  1872.     Am'd.  1905,  724. 
Inserts    in    the   section    relating    to   an    order   for   dismissal    being   a    bar 
in    cases   of   misdemeanor,    a    provision    that    where    the   order    explictly 
is    made    for    the    purpose    of    allowing    an    amended    complaint    to    be 
filed,    the    older    for    dismissal    shall    not    constitute    a    bar.     This    re- 
vision  corrects  a  manifest  abuse.    The  bill   Is  earnestly   urged   by   the 
district    attorney    of    Napa    county.— Code    Commisssioner's    Note. 

Cal.  Rep.  Cit.     48,  253;  52,  464;  64,  263;  123.   155;   127.  64; 
130,  75;  132,  16;  136,  295;  136,  299;  U3,  599;  144,  431. 
Crim.  Prac.  Act,  sec.  599.     En.  April  20,  1850.     Rep.  1851, 
290.     En.  1851,  212. 

§  1388.  Judgment  suspended  in  the  case  of  a  minor,  when. 
Final  judgment  may  be  suspended  on  any  conviction,  charge, 
or  prosecution  of  a  minor,  for  misdemeanoi-  or  felony,  where 
in  the  judgment  of  the  court  in  which  such  proeeeJiug  is 
pending  there  is  reasonable  ground  to  believe  that  such 
minor  may  be  reformed,  and  that  a  commitment  to  prison 
would  work  manifest  injury  in  the  premises.  Such  suspen- 
sion may  be  for  as  long  a  period  as  the  i  irciu.istances  of  the 
case  may  seem  to  warrant,  and  subject  to  the  following  fur- 
ther   provisions:    During    the    period    of   such    S'lspeiision,   or 


4S1  DISMISSAL    OF    THE    ACTION.  §  l'^59 

of  any  exteusiou  thereof,  the  court  or  judge  may,  umler  such 
limitations  as  may  seem  aclvisabls,  commit  nicb  minor  to 
the'  custody  of  the  officers  or  managers  of  any  strictly  non- 
sectarian  charitable  corporation  conducted  for  the  purpose  of 
reclaiming  criminal  minors.  Such 'corporation,  by  its  officers 
or  managers,  may  accept  the  custody  of  such  minor  for  a 
period  of  two  months  (to  be  further  extended  by  the  court 
or  judge  should  it  be  deemed  advisable),  and  should  said 
minor  be  found  incorrigible  and  incapable  of  reformation, 
he  may  be  returned  before  the  court  for  final  judgment  for 
his  otfeuse.  Such  charitable  corporation  must  accept  the 
custody  of  said  minor  as  aforesaid,  upon  the  distinct  agree- 
ment that  it  and  its  officers  will  use  all  reasonable  means  to 
effect  the  reformation  of  such  minor,  and  provide  him  with 
a  home  and  instruction.  No  application  for  guardianship 
of  such  minor  by  any  person,  jiarent,  or  friend  can  be  enter- 
tained by  any  court  during  the  period  of  such  suspension^  and 
custody,  save  upon  recommendation  of  the  court  before  which 
the  criminal  proceedings  are  pending.  Such  court  may  fur- 
rner,  in  its  discretion,  direct  the  payment  of  the  expenses  ot 
the  maintenance  of  such  minor  during  such  period  of  two 
months,  not  to  exceed,  in  the  aggregate,  the  sum  of  iwenty- 
five  dollars,  which  sum  includes  board,  clothing,  transporta- 
tion, and  all  other  expenses,  to  be  paid  by  the  county  where 
such  criminal  proceeding  is  pending,  or  direct  action  to  be 
instituted  foi*  the  recovery  thereof  out  of  the  estate  of  such 
minor,  or  from  his  parents.  Such  court  may  also  revoke 
such  order  of  suspension  at  any  time.  En.  Stats.  1883,  377. 
Ara'd.  1905,  704. 

The  change  consists  in  the  insertion  of  the  words  "of  a  minor,"  after 
"prosecution,"  anJ  in  the  insertion  of  the  word  "the"  before  "cus- 
tody."—Code    Commissioner's    Note. 

Cal.  Rep.  Cit.     71,  628;  71,  631;  71,  633;   93,  640;   113,  588. 

§   1389.     Prohibiting  minors  to   visit  houses   of   ill-fame. 

En.  Stats.     1887,  119.     Rep.  1905,  761. 

The  matter  now  in  section  13S9,  which  incorrectly  stands  in  a  chapter 
entitled  "Dismissal  of  the  Action,"  is  put  into  a  new  section  desig- 
nated as  273e,  and  is  put  in  its  proper  chapter,  with  the  other  sec- 
tions relative  to  children,  and  section  1389  accordingly  repealed.— 
Code  Commissioner's  Note. 
Pen.  Code— 31 


§§  1390-1392    PROCEEDINGS    AGAINST    CORPORATIONS.  4S2 

CHAPTER  IX. 

PROCEEDINGS   .AGAINST     CORPORATIONS. 

§  1390.  Summons   upon    information   against   corporation. 

§  1391.  Form    of    summons. 

§  1392.  When    and    how    served. 

§  1393.  Examination   of  the   charge. 

§  1394.  Certificate    of    magistrate   and    return    of   depositions. 

§  1395.  Grand   jury   to    Investigate   if   there    is    sufficient    cause. 

§  1396,  Appearance    and    plea. 

§  1397.  Fine   on   conviction,    how   collected. 

§   1390.     Summons  upon  information  against  corporation. 

Upon  an  information  or  presentment  against  a  corporation, 
the  magistrate  must  issue  a  summons,  signed  by  Mm,  with 
his  name  of  office,  requiring  the  corporation  to  appear  be- 
fore him,  at  a  specified  time  and  place,  to  answer  the  charge, 
the  time  to  be  not  less  than  ten  days  after  the  issuing  of 
the  summons.     En.  February  14,  1872. 

§  1391.  Form  of  summons.  The  summons  must  be  sub- 
stantially in  the  following  form: 

County  of   [as  the  case  may  be]:  • 

The  people  of  the  state  of  California  to  the  [naming  the 
corporation] : 

You  are  hereby  summoned  to  appear  before  me  at  [nam- 
ing the  place],  on  [specifying  the  day  and  hour],  to  answer 
a  charge  made  against  you  upon  the  information  of  A.  B. 
[or  the  presentment  of  the  grand  jury  of  the  county,  as  the 
case   may  be],   for    [designating  the   offense   generally]. 

Dated   at   the    city    [or   township]    of  ,   this  

day  of  ,  eighteen  . 

G.  H.,  justice  of  the  peace,  [or  as  the  case  may  be].  En. 
February  14,  1872. 

§  1392.  When  and  how  served.  The  summons  must  be 
served  at  least  five  days  before  the  day  of  appearance  fixed 
therein,  by  delivering  a  copy  thereof  and  showing  the  orig- 
inal to  the  president  or  other  head  of  the  corporation,  or  to 


423  PROCEEDINGS    AGAINST    CORPORATIONS.        §§  1393-1397 

the  secretary,  cashier,  or  managing  agent  thereof.     En.  Feb- 
ruary 14,  1872. 

§  1393.  Examination  of  the  charge.  At  the  appointed 
time  in  the  summons,  the  magistrate  must  proceed  to  investi- 
gate the  charge  in  the  same  manner  as  in  the  case  of  a 
natural  person,  so  far  as  these  proceedings  are  applicable. 
En.  February  14,  1872. 

§  1394.  Certificate  of  magistrate  and  return  of  deposi- 
tions. After  hearing  the  proofs,  the  magistrate  must  cer- 
tify upon  the  depositions,  either  that  there  is  or  is  not 
sufficient  cause  to  believe  the  corporation  guilty  of  the  of- 
fense charged,  and  must  return  the  deposition  and  cer-, 
tificate,  as  prescribed  in  section  883.     En.  February  14,  1872. 

§  1395.  Grand  jury  to  investigate  if  there  is  sufficient 
cause.  If  the  magistrate  returns  a  certificate  that  there  is 
sufficient  cause  to  believe  the  corporation  guilty  of  the  of- 
fense charged,  the  grand  jury  may  proceed,  or  the  district 
attorney  file  an  information  thereon,  as  in  case  of  a 
natural  person  held  to  answer.  En.  February  14,  1872. 
Am'd.  1880,  29. 

§  1396.  Appearance  and  plea.  If  an  indictment  is  found, 
or  information  filed,  the  corporation  may  appear  by  coun- 
sel to  answer  the  same.  If  it  does  not  thus  appear,  a  plea 
of  not  guilty  must  be  entered,  and  the  same  proceedings 
had  thereon  as  in  other  cases.  En.  February  14,  1872. 
Am'd.  1880,  29. 

§  1397.  Fine  on  conviction,  how  collected.  When  a  fine 
is  imposed  upon  a  corporation  on  conviction,  it  may  be  col- 
lected by  virtue  of  the  order  imposing  it,  by  the  sheriff  of 
the  county,  out  of  its  real  and  personal  property,  in  the 
same  manner  as  upon  an  execution  in  a  civil  action.  En. 
February  14,  1872. 


§§  1401,  1404  ENTITLING     AFFIDAVITS— ERRORS.  48i 

CHAPTER  X. 

ENTITLING    AFFIDAVITS. 
§  1401.     Affidavits    defectively    entitled,     valid. 

§   1401.     AflSidavits  defectively  entitled,  valid.     It  is  not 

necessary  to  entitle  an  af3[idavit  or  deposition  in  the  action, 
whether  taken  before  or  after  indictment  or  information, 
or  upon  an  appeal;  but  if  made  without  a  title,  or  with  an 
erroneous  title,  it  is  as  valid  and  effectual  for  every  pur- 
pose as  if  it  were  duly  entitled,  if  it  intelligibly  refer  to 
the  proceeding,  indictment,  information,  or  appeal  in  which 
it  is  made.     En.  February  14,  1872.     Am'd.  1880,  30. 

Crim.  Prac.  Act,  sec.  600.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

CHAPTEE  XI. 

ERRORS     AND     MISTAKES     IN     PLE.\DINGS     AND     OTHfeR     PRO- 
CEEDINGS. 

§  1404.    When    not    material. 

§  1404.  When  not  material.  Neither  a  departure  from 
the  form  or  mode  prescribed  by  this  code  in  respect  to  any 
pleading  or  proceeding,  nor  an  error  or  mistake  therein,  ren- 
ders it  invalid,  unless  it  has  actually  prejudiced  the  defend- 
ant, or  tended  to  his  prejudice,  in  respect  to  a  substantial 
right.     En.  February  14,  1872. 

Cal.  Rep.  Cit.  48,  .559;  49,  390;  53,  494;  57,  90;  57,  98; 
57,  99;  57,  100;  59,  384;  62,  520;  62,  521;  64, 
213;  64,  372;  64,  426;  67,  56;  93,  583;  94,  119;  96,  319; 
102,  242;  115,  306;  116,  198;  120,  663;  133,  124;  138, 
536;  139,  117. 
Crim.  Prac.  Act,  sec.  601.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Cal.  Eep.  Cit.     28,  329;  28,  331;  33,  101;  62,  520. 


485  DISPOSAL    OF    PROPERTY    STOLEN.  §§  1407-1403 

CHAPTER   XII. 

DISPOSAL    OF    PROPERTY    STOLEN    OR    EMBEZZLED. 

§  1407.  Peace    officer    mutt    hold    property   subject    to    the    order   of   mag- 
istrate. 

§  140S.  Order    for    its   delivery   to   owner. 

§  1409.  Magist;ate    must    deliver    it    to    owner. 

§  1410.  Court    in    which    trial    is   had   may   order   its   delivery. 

§  1411.  Delivered    to    county    treasurer    if    not    claimed    in    six   inonths. 

§  1412.  Receiiit   for   money,    etc.,    taken   from   person   arrested. 

§  1413.  Record    of   proptity    alleged    to    be    stolen. 

§  1407.  Peace  officer  mast  hold  property  subject  to  the 
order  of  magistrate.  When  property,  alleged  to  have  been 
stolen  or  embezzled,  conies  into  the  custody  of  a  peace  offi- 
cer, he  must  hold  it  subject  to  the  order  of  the  magistrate 
authorized  by  the  next  section  to  direct  the  disposal  thereof. 
En.  February  14,  1872. 

Crim.  Prae.  Act,  sec.  602.  En.  April  20,  1850.  Rep.  1851, 
290.     En.    1851,.  212. 

§  1408.  Order  for  its  delivery  to  owner.  On  satisfactory 
proof  of  the  ownership  of  the  property,  the  magistrate  be- 
fore whom  the  information  is  laid,  or  who  examines  the 
cfiarge  against  the  person  accused  of  stealing  or  embezzling 
it,  must  order  it  to  be  delivered  to  the  owner,  on  his  paying 
the  necessary  expenses  incurred  in  its  preservation,  to  be 
certified  by  the  magistrate.  The  order  entitles  the  owner 
to  demand  and  receive  the  property.     En.  February  14,  18.72. 

Crim.  Prae.  Act,  sec.  603.  En.  April  20,  1850.  Rep.  1851, 
290.     En.    1851,   212. 

§  1409.  Magistrate  must  deliver  it  to  owner.  If  prop- 
erty stolen  or  embezzled  conies  into  custody  of  the  magis- 
trate, it  must  be  delivered  to  the  owner  on  satisfactory 
proof  of  his  title,  and  on  his  paying  the  necessary  expenses 
incurred  in  its  preservation,  to  be  certified  by  the  magis- 
trate.    En.  February  14,  1872. 

Crim.  Prae.  Act,  sec.  604.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,   212. 


§§  1410-1412  DISPOSAL    OF    PROPERTY    STOLEN.  486 

§  1410.  Court  in  which  trial  is  had  may  order  its  deUv- 
ery.  If  the  property  stolen  or  embezzled  has  not  been  de- 
livered to  the  owner,  the  court  before  which  a  trial  is  had 
for  stealing  or  embezzling  it  may,  on  proof  of  his  title,  order 
it  to  be  restored  to  the  owner.     En.  February  14,  1872. 

Grim.  Prac.  Act,  sec.  605.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,   212. 

§  1411.  Delivered  to  county  treasurer  if  not  claimed  in 
six  months.  If  the  property  stolen  or  embezzled  is  not 
claimed  by  the  owner  before  the  expiration  of  six  months 
from  the  conviction  of  a  person  for  stealing  or  embezzling 
it,  the  magistrate  or  other  officer  having  it  in  custody 
must,  on  the  payment  of  the  necessary  expenses  incurred  in 
its  preservation,  deliver  it  to  the  county  treasurer,  by  whom 
it  must  be  sold  and  the  proceeds  paid  into  the  county  treas- 
ury.    En.  February  14,  1872. 

Grim.  Prac.  Act,  sec.  606.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,   212. 

§  1412.  Receipt  for  money,  etc.,  taken  from  person  ar- 
rested. When  money  or  other  property  is  taken  from  e 
defendant,  arrested  upon  a  charge  of  a  public  offense,  the 
officer  taking  it  must  at  the  time  give  duplicate  receipts 
therefor,  specifying  particularly  the  amount  of  money  or  the 
kind  of  property  taken;  one  of  which  receipts  he  must  de- 
liver to  the  defendant  and  the  other  of  which  he  must  forth- 
with file  with  the  clerk  of  the  court  to  which  the  depositions 
and  statement  are  to  be  sent.  When  such  property  is  taken 
by  a  police  officer  of  any  incorporated  city  or  town,  he  must 
deliver  one  of  the  receipts  to  the  defendant,  and  one,  with 
the  property,  at  once  to  the  clerk  or  other  person  in  charge 
of  the  police  office  in  such  city  or  town.  En.  February  14, 
1872. 

Grim.  Prac.  Act,  sec.  607.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,   212. 


4S7  REPRIEVES,     COMMUTATIONS     AND    PARDONS.     §§   1413-1418 

§  1413.  Record  of  property  alleged  to  he  stolen.  The 
clerk  in,  or  person  having  charge  of,  the  police  office  in  any- 
incorporated  city  or  town,  must  enter  in  a  suitable  book  a 
description  of  every  article  of  property  alleged  to  be  stolen 
or  embezzled,  and  brought  into  the  office  or  taken  from  the 
embezzled,  and  brought  into  the  office  or^  taken  from  the 
person  of  a  prisoner,  and  must  attach  a  number  to  each  ar- 
ticle, and  make  a  corresponding  entry  thereof.  En.  Febru- 
ary  14,   1872. 

CHAPTEE  XIII. 

REPRIEVES,     COMMUTATIONS    AND     PARDONS. 

§  1417.  Governor    may     grant    reprieves,     commutations,    and    pardons. 

§  HIS.  His    power    in    respect    to   convictions    for    treason. 

§  1419.  To    communicate     to     the     legislature     reprieves,     commutation.s, 

and   pardons. 

§  1420.  Report   of  case,    how   and   from   whom  required. 

§  1421.  Notice    to    district   attorney    of   application   for   pardon. 

§  1422.  Publication    of    notice. 

§  1423.  When  two  preceding  sections  are  not  applicable. 

§  1417.  Governor  may  grant  reprieves,  commutations, 
and  pardons.  The  governor  has  power  to  grant  reprieves, 
commutations,  and  pardons,  after  conviction,  for  all  of- 
fenses, except  treason  and  cases  of  impeachment,  upon 
such  conditions  and  with  such  restrictions  and  limitations 
as  he  may  think  proper,  subject  to  the  regulations  pro- 
vided in  this  chapter.     En.  February  14,  1872. 

Cal.  Rep.  Cit.     68,  180. 

Pardoning  power:  See  Fed.  Const.,  art.  II,  sec.  2,  subd. 
1;  Const.  Cal.,  art.  VII,  sec.   1. 

§  1418.  His  power  in  respect  to  convictions  for  treason. 
He  may  suspend  the  execution  of  the  sentence,  upon  a 
conviction  for  treason,  until  the  case  can  be  reported  to 
the  legislature  at  its  next  meeting,  when  the  legislature 
may  either  pardon,  direct  the  execution  of  the  sentence,  or 
grant  a  further  reprieve;  provided,  that  neither  the 
governor  nor     the   legislature     shall  have     power    to   grant 


§§  1419-1422    REPRIEVES,    COMMrTATIONS    AND    PARDONS.  488 

j)arclons  or  commutations  of  sentence  in  any  case  where 
the  convict  has  been  twice  convicted  of  felony,  after  the 
first  day  of  January,  eighteen  hundred  and  eighty,  unless 
upon  the  written  recommendation  of  a  majority  of  the  judges 
of  the  supreme  court.  En.  February  14,  1872.  Am'd.  1880, 
2. 

Cal.   Rep.   Cit.     68,   180. 

§  1419.  To  communicate  to  the  legislature  reprieves, 
commutations,  and  pardons.  He  must,  at  the  beginning 
of  every  session,  communicate  to  the  legislature  each  case 
.of  reprieve,  commutation,  or  pardon,  stating  the  name  of 
the  convict,  the  crime  of  which  he  was  convicted,  the  sen- 
tence and  its  date,  and  the  date  of  the  commutation,  par- 
don, or  reprieve,  and  the  reasons  for  granting  the  same. 
En.   February    14,   1872.     Am'd.    1880,   3. 

§  1420.  Report  of  case,  how  and  from  whom  required. 
When  an  application  is  made  to  the  governor  for  a  pardon, 
he  may  require  the  judge  of  the  court  before  which  the 
conviction  was  had  or  the  district  attorney  by  whom  the 
action  was  prosecuted,  to  furnish  him,  without  delay,  with 
a  statement  of  the  facts  proved  on  the  trial,  and  of  any 
other  facts  having  reference  to  the  propriety  of  granting 
or  refusing  the   pardon.     En.   February   14,   1872. 

Cal.  Rep.  Cit.     68,  180. 

§  1421.  Notice  to  district  attorney  of  application  for  par- 
don. At  least  ten  days  before  the  governor  acts  upon  an 
application  for  a  pardon,  written  notice  of  the  intention  to 
apply  therefor,  signed  by  the  person  applying,  must  be 
served  upon  the  district  attorney  of  the  county  where  the 
conviction  was  had,  and  proof,  by  affidavit,  of  the  service 
must  be  .presented  to  the  governor.  En.  February  14, 
1872. 

§  1422.  Publication  of  notice.  Unless  dispensed  with  by 
the  governor,  a  copy  of  the   notice   must   also  be   published 


489  JUSTICES'     AND    POLICE    COURTS.  §  142:! 

for  thirty  days  from  the  first  publication,  in  a  paper  in  the 
county  in  which  the  conviction  was  had.  En.  February 
14,  1872. 

§  1423.     When  two  preceding  sections  are  not  applicable. 

The  provisions  of  the  two  preceding  sections  are  not  ap- 
plicable— 

1.  When   there   is   imminent    danger   of   the   death   of   the 
person  convicted  or  imprisoned. 

2.  When    the    term    of    imprisonment    of    the    applicant   is 
within  tan  days  of  its  expiration.     En.  February  14,  1872. 


TITLE     XL 

OF   PEOCEEDINGS   IN   JUSTICES'   AND   POLICE 
COUETS,  AND  APPEALS  TO  SUPERIOE  COURTS. 

Chapter  I.     Proceedings   in   Justices'   and   Police   Courts,   §§ 
1425-1461. 
II.     Appeals  to  Superior  Courts,  §§   1466-1470. 

CHAPTER    I. 

PROCEEDINGS    IN    JUSTICES'    AND    i^OLlCE    COURTS. 

§  142.5.  Jurisdiction   of   justices'    courts. 

§  1426.  Proceedings   must   be  commenced   by   complaint. 

§  1427.  When     warrant     of    arrest     must     issue.     Form     of     warrant;     in 

case   of   offense   by    corporation. 

§  1428.  Minutes,    liow    liept. 

§  1429.  Tlie   plea,   and  how   put   in. 

§  1430.  Issue,    how    tried. 

§  1431.  Change    of   venue,    when    granted. 

§  1432.  Proceedings   on   change   or   venue. 

§  1433.  Postponement    of    the    trial. 

§  1434.  Defendant   to   be   present. 

§  1435.  Jury   trial,    how    waived. 

§  1436.  Challenges. 

§  1437.  Oath   of  jurors. 

§  1438.  Trial,    how   conducted. 

§  1439.  Court   to  decide  questions  of  law,    but  not   of   fact. 

§  1440.  Jury   may   decide   in   court,   or   retire. 

§  1441.  Verdict   of   jury,    how   delivered    and   entered. 

§  1442.  Verdict,    when    .several    defendants    are    tried    together. 

I  1443.  Jury,    when   to   be   discharged   without  a  verdict. 


§§  1425,  1426  JUSTICES'     AND    POLICE    COURTS.  490 

§  1444.  If    discharged,    defendant    may    be    trie-d    again. 

§  1445.  Proceedings    on    plea   of   guilty,    or   on    conviction. 

§  1446.  Judgment   of  fine   may   direct   imprisonment. 

§  1447.  Defendant,     on     acquittal,     to    be    discharged.     Costs. 

§  144S.  Judgment    against    prosecutor    for    costs. 

§  1449.  Judgment,    when    to    be    rendered. 

§  14."0.  Motion    for   a    new   trial,    or   in   arrest   of   judgment. 

§  1451.  New   trial,    grounds   of. 

§  1452.  Grounds  of  motion   in   arrest   of  judgment. 

§  14.53.  Judgment   to   be   entered    in   the   minutes. 

§  1454.  Discharge  of  defendant  on  judgment  of  acquittal  or  fine  only. 

§  1455.  Judgment    of    imprisonment,     how    executed. 

§  1456.  Ju';lgment    of    imprisonment    until    fine    is    paid,    how    executed. 

§  1457.  Defendant    must    be    discharged    on    payment    of   fine,    disposition 

of    fine. 

§  14.58.  Defendant    may    be    admitted    to    bail. 

§  1459.  Subpoenas. 

§  1460.  Entitling   affidavits. 

§  1461.  "Police   courts"    defined. 

§  1425.  Jurisdiction  of  justices'  courts.  The  justices' 
courts  have  jurisdiction  of  the  following  public  offenses  com- 
mitted within  the  respective  counties  in  which  such  courts 
are   established: 

1.  Petit   larceny; 

2.  Assault  or  battery  not  charged  to  have  been  committed 
upon  a  public  officer  in  the  discharge  of  his  duties,  or  to 
have  been  committed  with  such  intent  as  to  .render  the  of- 
fense a  felony; 

3.  Breaches  of  the  peace,  riots,  routs,  affrays,  committing 
a  willful  injury  to  property,  and  all  misdemeanors  punish- 
able by  fine  not  exceeding  five  hundred  dollars,  or  imprison- 
ment not  exceeding  six  months,  or  by  both  such  fine  and 
imprisonment.     En.  Stats.   1905,  705. 

This   section    now    contains   the   matter   now    in   section   115   of    the   Code 
of    Civil    Procedure. — Code    Commissioner's    Note. 

§  1426.    Proceedings   must   be   commenced  by   complaint. 

All  proceedings  and  actions  before  a  justice's  or  police 
court,  for  a  public  offense  of  which  such  courts  have  juris- 
diction, must  be  commenced  by  complaint  under  oath,  set- 
ting forth  the  offense  charged,  with  such  particulars  of  time, 
place,    person,    and    property     as    to    enable    the    defendant 


491  JUSTICES'     AND    POLICE    COURTS.  §  1427 

to  understand  distinctly  the  character  of  the  offense  com- 
plained of,  and  to  answer  the  complaint.  En.  February  14, 
1872. 

Cal.  Eep.  Cit.  54,  409;  55,  228;  60,  105;  60,  106;  65,  615; 
106,  408;    109,  450. 

Crim.  Prac.  Act,  sec.  608.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212. 

Police  courts,  organization,  etc.:  See  Pol.  Code,  sees.  4424 
et  seq. 

Justices'  courts,  organization,  etc.:  See  Code  Civ.  Proc, 
sees.  85  et  seq. 

Police  judge,  provisions  relating  to:  See  Pol.  Code,  sees. 
4424-4432, 

Jurisdiction  of  police  court  over  various  offenses:  See  Pol. 
Code,  sec.  4426. 

§  1427.  When  warrant  of  arrest  must  issue;  form  of  war- 
rant; in  case  of  offense  by  corporation.  If  the  justice  of 
the  peace,  or  police  judge,  is  satisfied  therefrom  that  the 
offense  complained  of  has  been  committed,  he  must  issue 
a  warrant  of  arrest,  which  must  be  substantially  in  the 
following  form: 

"County  of  . 

"The  people  of  the  State  of  California  to  any  sheriff,  con- 
stable, marshal,  or  policeman  in  this  state: 

"Complaint  upon  oath  having  been  this  day  made  before 

me,  (justice  of  the  peace  or  police  judge,  as  the  case 

may  be),  by  C.  D.,  that  the  offense  of  (designating  it  gener- 
ally) has  been  committed,  and  accusing  E.  F.  thereof;  you 
are  therefore  commanded  forthwith  to  arrest  the  above 
named  E.  F.  and  bring  him  before  me  forthwith,  at  (naming 
the  place), 

' '  Witness  my  hand  and  seal  at  ,  this  day  of 

,  A,  D,  . 

"A,B." 


§§  142S,  1429  JUSTICES'     AND    POLICE    COURTS.  492 

If  it  appears  that  the  offense  complained  of  has  been  com- 
mitted by  a  corporation,  no  warrant  of  arrest  need  issue, 
but  the  justice  of  the  peace  or  police  judge  must  issue  a 
summons  substantially  in  the  form  prescribed  in  section 
thirteen  hundred  and  ninety-one.  Such  summons  must  be 
served  at  the  time  and  in  the  manner  designated  in  section 
thirteen  hundred  and  ninety-two.  At  the  time  named  in 
the  summons  the  corporation  may  appear  by  counsel  and 
answer  the  complaint.  If  it  does  not  api:)ear,  a  plea  of  not 
guilty  must  be  entered,  and  the  same  proceedings  had 
therein  as  in  other  cases.  En.  February  14,  1872.  Am'd. 
1905,   706. 

The  changes  consist  in  the  matter  providing  a  mode  for  compelling 
a  corporation  to  appear  in  response  to  a  complaint  accusing  it  of  a 
misdemeanor. — Code    Commissioner's    Xote. 

Cal.  Eep.  Cit.     60,  105. 

Crim.  Prac.  Act,  sec.  610.  En.  April  20,  ISoO.  Rep.  1851, 
290.     En.   1851,  212. 

Arrest  by  peace  officer:   Ante,  sec.  836. 

Arrest  by  i^rivate  person:   Ante,  sec.  837. 

Arrest  by  oral  order  of  magistrate:   Ante,  sec.  838. 

Duty  of  officer  or  person  making  arrest:  Ante,  sees.  847, 
848. 

Warrant  of  arrest,  form  of:  Ante,  sec.  814. 

§  1428.  Minutes,  how  kept.  A  docket  must  be  kept  by 
the  justice  of  the  peace  or  police  justice,  or  by  the  clerk 
of  the  courts  held  by  them,  if  there  is  one,  in  which  must 
be  entered  each  action  and  the  proceedings  of  the  court 
therein.     En.  February  14,  1872. 

Cal.  Rep.  Cit.     55,  228;  94,  499. 

Crim,  Prac.  Act,  see.  613.  En.  April  20,  1850.  Rep.  1S51, 
290.     En.   1851,   212. 

§  1429.  The  plea,  and  how  put  in.  The  defendant  may 
make  the  same  plea  as  upon  an  indictment,  as  provided  in 
section    ten   hundred    and   sixteen.     His   plea    must   be    oral, 


493  JUSTICES'    AND    POLICE    COURTS.  §§  1430,  1431 

and  entered  in  the  minutes.  If  the  defendant  plead  guilty, 
the  court  may,  before  entering  such  plea  or  pronouncing 
judgment,  examine  witnesses  to  ascertain  the  gravity  of 
the  offense  committed;  and  if  it  appear  to  the  court  that  a 
higher  offense  has  been  committed  than  the  offense  charged 
in  the  complaint,  the  court  may  order  the  defendant  to  be 
committed  or  admitted  to  bail,  to  answer  any  indictment 
which  may  be  found  against  him  by  the  grand  jury,  or  any 
information  which  may  be  filed  by  the  district  attorney. 
En.  February  14,  1872.     Am'd.  1873-4,  453;  1880,  30. 

Cal.  Eep.  Cit.     60,  105. 

Crim.  Prae.  Act,  sec.  611.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,  212.     Am'd.   1860,  7l'. 

Pleas:   See  ante,  sec.  1016. 

§  1430.  Issue,  how  tried.  Upon  a  plea  other  than  a  plea 
of  guilty,  if  the  parties  waive  a  trial  by  jury,  and  an  ad- 
journment or  change  of  venue  is  not  granted,  the  court  must 
proceed  to  try  the  case.  En.  February  14,  1872.  Am'd. 
1880,  5. 

Cal.  Eep.   Cit.     92,  576. 

Crim.  Prac.  Act,  sec.  614.  En.  April  20,  1850.  Eep.  1851, 
290.     En.    1851,   212. 

Jury  trial,  how  waived:   Post,  sec.   1435. 

§  1431.     Change  of  venue,  when  granted.     If   the   action 

or  proceeding  is  in  a  justice's  court,  a  change  of  the  place 
of  trial  may  be  had  at  any  time  before  the  trial  com- 
mences— 

1.  When  it  appears  from  the  affidavit  of  the  defendant 
that  he  has  reason  to  believe,  and  does  believe,  that  he 
cannot  have  a  fair  and  impartial  trial  before  the  justice 
about  to  try  the  case,  by  reason  of  the  prejudice  or  bias 
of  such  justice,  the  cause  must  be  transferred  to  another 
justice  of  the  same  or  an  adjoining  township. 


§§  1432-1435  JUSTICES'    AND    POLICE    COURTS.  494 

2.  When  it  appears  from  affidavits  that  the  defendant 
cannot  have  a  fair  and  impartial  trial,  by  reason  of  the 
prejudice  of  the  citizens  of  the  township,  the  cause  must 
be  transferred  to  a  justice  of  the  township  where  the  same 
prejudice  does  not  exist.   "  En.  February  14,  1872. 

Cal.  Rep.   Cit.     85,  602;    119,  402. 

Change  of  venue:   Ante,  sees.  1033,  1034. 

§  1432.  Proceedings  on  change  of  venue.  When  a  change 
of  the  place  of  trial  is  ordered,  the  justice  must  transmit 
to  the  justice  before  whom  the  trial  is  to  be  had  all  the 
original  papers  in  the  cause,  with  a  certified  copy  of  the 
minutes  of  his  proceedings;  and  upon  receipt  thereof,  the 
justice  to  whom  they  are  delivered  must  proceed  with  the 
trial  in  the  same  manner  as  if  the  proceeding  or  action 
had  been  originally  commenced  in  his  court.  En.  February 
14,   1872. 

Transfer  of  records,  etc.,  of  the  action:  Ante,  sec.  1036. 

Duty  of  court  on  receipt  of  records:   Ante,  sec.  1038. 

§  1433.  Postponement  of  the  trial.  Before  the  com- 
mencement of  a  trial  in  any  of  the  courts  mentioned  in 
this  chapter,  either  party  may,  upon  good  cause  shown, 
have  a  reasonable  postponement  thereof.  En.  February 
14,    1872. 

Cal.  Eep.  Cit.     66,  396. 

§  1434.  Defendant  to  be  present.  The  defendant  must 
be  personally  present  before  the  trial  can  proceed.  En. 
February   14,    1872. 

Crim.  Prac.  Act,  sec.  612.  En.  April  20,  1850.  Kep.  1851, 
290.     En.    1851,   212. 

Presence  of  defendant:   See  ante,  sec.   1043. 

§  1435.  Jury  trial,  how  waived.  A  trial  by  jury  may 
be  waived  by  the  consent  of  both  parties  expressed  in  open 
court    and    entered    in    the    docket.     The    formation    of    the 


495  JUSTICES'    AND    POLICK    COURTS.  §§  1436-143S 

jury  is  provided  for  in  chapter  one,  title  three,  part  one, 
of  the  Code  of  Civil  Procedure.  En.  February  14,  1872. 
Ara'd.  1880,  5. 

Cal.    Eep.    Cit.     92,   576. 

Constitutional  provision.—' '  A  trial  by  jury  may  be , 
waived    in    all    criminal    cases   not    amounting   to    felony,    by 

the  consent  of  both  parties,  expressed  in  open  court 

li\  cases  of  misdemeanor,  the  jury  may  consist  of  twelve, 
or  of  any  number  less  than  twelve  upon  which  the  parties 
may  agree  in  open  court":  Const.  Cal.,  art.  I,  sec.  7. 

§  1436.  Challenges.  The  same  challenges  may  be  taken 
by  either  party  to  the  panel  of  jurors,  or  to  any  individ- 
ual juror,  as  on  the  trial  of  an  indictment  for  a  misde- 
meanor; but  the  challenge  must  in  all  cases  be  tried  by  the 
court.     En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  615.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

General  causes  of  challenge:  Ante,  sec.  1072. 

Particular  causes  of  challenge:  Ante,  sec.  1073. 

Challenge  to  individual  juror:  Ante,  sec.  1067. 

Challenge  to  the  panel  of  jurors:  Ante,  sec.  1058. 

Number   of   peremptory    challenges:    Ante,   sec.    1070. 

§  1437.  Oath  of  jurors.  The  court  must  administer  to 
the  jury  the  following  oath:  "You  do  swear  that  you  will 
well  and  truly  try  this  issue  between  the  people  of  the 
state  of  California  and  A  B,  the  defendant,  and  a  true  ver- 
dict render  according  to  the  evidence."  En,  February  14, 
1872. 

Crim.  Prac.  Act,  sec.  616.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1438.  Trial,  how  conducted.  After  the  jury  are  sworn, 
they  must  sit  togetlier  and  hear  the  proofs  and  allegations 
of  the  parties  which  must  be  delivered  in  public  and  in 
the  presence  of  the  defendant.     En.  February  14,  1872. 


§§  1439-1441  JUSTICES'    AND   POLICE    COURTS.  496 

Crim.  Prac.  Act,  sec,  617.  En.  April  20,  1850.  Eep.  1851, 
290.     En.   1851,   212. 

Conduct   of   the   trial:    Ante,   sec.    1093. 

§  1439.     Court  to  decide  questions  of  law,  but  not  of  fact. 

The  court  must  decide  all  questions  of  law  which  may  arise 
in  the  course  of  the  trial,  but  can  give  no  charge  with  re- 
spect to  matters  of  fact.     En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  618.  En.  April  20,  1850.  Rep.  1851, 
290.     En.   1851,   212. 

See   ante,  sees.   1124-1127. 

Duty  of  court  in  charging  the  jury:   Ante,  sec.   1127. 

Questions  of  fact. — Judges  shall  not  charge  juries  with 
respect  to  matters  of  fact,  but  may  state  the  testimony 
and  declare  the  law:  Const.  Cal.,  art.  VI,  sec.  19. 

In  case  of  libel:   Ante,  sees.  251,  1125. 

§  1440.  Jury  may  decide  in  court,  or  retire.  After  hear- 
ing the  proofs  and  allegations,  the  jury  may  decide  in  court, 
or  may  retire  for  consideration.  If  they  do  not  imme- 
diately agree,  an  officer  must  be  sworn  to  the  following  ef- 
fect: "You  do  swear  that  you  will  keep  this  jury  together 
in  some  quiet  and  convenient  place;  that  you  will  not  per- 
mit any  person  to  speak  to  them,  nor  speak  to  them  your- 
self, .unless  by  order  of  the  court,  or  to  ask  them  whether 
they  have  agreed  upon  a  verdict;  and  that  you  will  return 
Ihem  into  court  when  they  have  so  agreed,  or  when  ordered 
by  the  court."     En.  February  14,   1872. 

Crim.  Prac.  Act,  sec.  619.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Deliberations  of  the  jury:   Ante,  sec.  1128. 

§  1441.  Verdict  of  jury,  how  delivered  and  entered. 
The  verdict  of  the  jury  must  in  all  cases  be  general.  When 
the   jury   have   agreed   on    their   verdict,   they   must   deliver 


497  JUSTICES'    AND    POLICE    COURTS.  §§  1442-1444 

it  publicly  to  the  court,  who  must  enter,  or  cause  it  to  be 
entered,  in  the  minutes.     En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  620.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Crim.  Prae.  Act,  sec.  621.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Verdict,  general  and  special:  Ante,  see.  1151. 

§  1442.  Verdict,  when  several  defendants  are  tried  to- 
gether. When  several  defendants  are  tried  together,  if  the 
jury  cannot  agree  upon  a  verdict  as  to  all,  they  may  render 
a  verdict  as  to  those  in  regard  to  whom  they  do  agree, 
on  which  a  judgment  must  be  entered  accordingly,  and  the 
case  as  to  the  rest  may  be  tried  by  another  jury.  En.  Feb- 
ruary 14,  1872. 

Crim.  Prac.  Act,  sec.  622.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Verdict  as  to  one  of  several  defendants:   Ante^  sec.   1160. 

§  1443.    Jury,  when  to  be  discharged  without  a  verdict. 

The  jury  cannot  be  discharged  after  the  cause  is  submitted 
to  them,  until  they  have  agreed  upon  and  rendered  their 
verdict,  unless  for  good  cause  the  court  sooner  discharges 
them.     En.   February   14,   1872. 

Crim.  Prac.  Act,  sec.  623.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

See  ante,  sees.  1139,  ,1140. 

§  1444.    If    discharged,    defendant    may    oe    tried    again. 

If  the  jury  is  discharged,  as  provided  in  the  last  section, 
the  court  may  proceed  again  to  the  trial,  in  the  same  man- 
ner as  upon  the  first  trial,  and  so  on,  until  a  verdict  is  ren- 
dered.    En.  February   14,   1872. 

Crim.  Prac.  Act,  sec.  624.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Eetrial:  Ante,  sec.  1141. 
Pen.  Code— 32 


§§  1445-1448  JUSTICES'    AND    POLICE    COURTS.  49S 

§  1445,  Proceedings  on  plea  of  gruUty,  or  on  conviction. 
When  the  defendant  pleads  guilty,  or  is  convicted,  either 
by  the  court,  or  by  a  jury,  the  court  must  render  judgment 
thereon  of  fine  or  imprisonment,  or  both,  as  the  case  may 
be.     En.  February  14,  1872.     Am'd.  1873-4,  453. 

Cal.  Eep.  Cit.  60,  435. 

Crim.  Prac.  Act,  sec.  625.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,,  212. 

§  1446.     Judgment  of  fine  may  direct  imprisonment.     A 

judgment  that  the  defendant  pay  a  fine  may  also  direct 
that  he  be  imprisoned  until  the  fine  be  satisfied,  in  the 
proportion  of  one  days'  imprisonment  for  every  dollar  of 
the  fine.     En.  February  14,  1872.     Am'd.  1873-4,  455. 

Cal.  Eep.  Cit.  60,  434;   60,  435;  63,  300;  65,  156;   73,  495; 

80,   203;    82,   455;    84,   166;    84,   167;    85,   38;    88,   625; 

88,  626;   88,   627;   88,  629;   88,   630;   89,  473;   96,  364; 

96,  365;  97,  528;   97,  529. 
Crim.  Prac.  Act,  sec.  626.     En.  April  20,  1850.     Eep.  1851, 
290.     En.  1851,  212. 

§  1447.  Defendant,  on  acquittal,  to  be  discharged.  Costs. 
When  the  defendant  is  acquitted,  either  by  the  court  or  by 
the  jury,  he  must  be  immediately  discharged;  and  if  the 
court  certify  in  the  minutes  that  the  prosecution  was  ma- 
.licious  or  without  probable  cause,  it  may  order  the  prose- 
cutor to  pay  the  costs  of  the  action,  or  to  give  satisfactory 
Security  by  a  written  undertaking,  with  one  or  more  sureties, 
to  pay  the  same  within  thirty  days  after  the  trial.  En.  Feb- 
ruary 14,  1872. 

Crim.  Prac.  Act,  sec.  627.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1448.  Judgment  against  prosecutor  for  costs.  If  the 
prosecutor  does  not  pay  the  costs,  or  give  security  there- 
for,   the    court    may   enter   judgment    against    him   for      the 


499  JUSTICES'    AND    POLICE    COURTS.  §§  1449-1451 

amount  thereof,  which  may  be  enforced  in  all  respects  in  the 
same  manner  as  a  judgment  rendered  in  a  civil  action.  En. 
February  14,  1872. 

Grim.  Prac.  Act,  sec.  628.  En.  April  20,  1850.  Kep.  1851, 
290.     En.  1851,  212. 

§  1449.  Ju<Jgment,  when  to  be  rendered.  After  a  plea 
or  verdict  of  guilty,  or  after  a  verdict  against  the  defend- 
ant, on  a  plea  of  a  former  conviction  or  acquittal,  the  court 
must  appoint  a  time  for  rendering  judgment,  which  must 
not  be  more  than  two  days  nor  less  than  six  hours  after 
the  verdict  is  rendered,  unless  the  defendant  waive  the 
postponement.  If  postponed,  the  court  may  hold  the  de- 
fendant to  bail  to  appear  for  judgment.  En.  February  14, 
1872.     Am'd.  1873-4,  454. 

Cal.  Rep.  Cit.  62,  533,-  63,  491. 

Grim.  Prac.  Act,  sec.  630.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1450.     Motion  for  a  new  trial,  or  in  arrest  of  judgment. 

At  any  time  before  judgment,  defendant  may  move  for  a 
new  trial  or  in  arrest  of  judgment.     En.  February  14,  1872. 

Grim.  Prac.  Act,  sec.  631.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Motion  in  arrest  of  judgment:  Ante,  sec.  1185,  and  post, 
sec.  1452. 

§  1451.  New  trial,  grounds  of.  A  new  trial  may  be 
granted  in  the  following  cases: 

1.  When  the  trial  has  been  had  in  the  absence  of  the 
defendants,  unless  he  voluntarily  absent  himself,  with  full 
knowledge  that  a  trial -is  being  had. 

2.  "When  the  jury  has  received  any  evidence  out  of  court. 

3.  When  the  jury  has  separated  without  leave  of  the 
court,  after  having  retired  to  deliberate  upon  their  verdict, 

17 


§§  14o2,  1453  JUSTICES'    AND    POLICE    COURTS.  500 

or  been  guilty  of  any  misconduct  tending  to  prevent  a  fair 
and  due  consideration  of  the  case. 

4.  When  the  verdict  has  been  decided  by  lot,  or  by  any 
means  other  than  a  fair  expression  of  opinion  on  the  part 
of  all  the  jurors. 

5.  When  there  has  been  error  in  the  decision  of  the  court, 
given  on  any  question  of  law  arising  during  the  course  of 
the  trial. 

6.  When  the  verdict  is  contrary  to  law  or  evidence. 

7.  When  new  evidence  is  discovered  material  to  the 
defendant,  and  which  he  could  not,  with  reasonable  dili- 
gence, have  discovered  and  produced  at  the  trial;  but  when 
a  motion  for  a  new  trial  is  made  upon  this  ground,  the 
defendant  must  produce  at  the  hearing  the  affidavits  of  the 
witnesses  by  whom  such  newly  discovered  evidence  is  ex- 
pected to  be  given.     En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  632.     En.  April  20,  1850.     Eep.  1851, 
290.     En.  1851,  212.     Am'd.  1863,  162. 
New  trials:   See  ante,  sees.  1179,  1182. 

§  1452.     Grounds  of  motion  in  arrest  of  judgment.     The 

motion  in  arrest  of  judgment  may  be  founded  on  any  sub- 
stantial defect  in  the  complaint,  and  the  effect  of  an  ar- 
rest of  judgment  is  to  place  the  defendant  in  the  same 
situation  in  whicli  he  was  before  the  trial  was  had.  En. 
February  14,  1872. 

Crim.  Prac.  Act,  sec.  633.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1453.     Judgment  to  be  entered  in  the  minutes.     If  the 

judgment  is  not  arrested,  or  a  new  trial  granted  judgment 
must  be  pronounced  at  the  time  appointed  and  entered  in 
the  minutes  of  the  court.     En.  February  14,  1872. 

Crim.  Prac.  Act,  see.  634.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Judgment,  rendition  of:  Ante,  sec.  1445. 


501  JUSTICES'     AND     POLICE     COURTS.  §§  1454-1457 

§  1454.  Discharge  of  defendant  on  judgment  of  acquit- 
tal or  fine  only.  If  judgment  of  acquittal  is  given,  or  judg- 
ment imposing  a  fine  only,  without  imprisonment  for  non- 
payment, and  the  defendant  is  not  detained  for  any  other 
legal  cause,  he  must  be  discharged  as  soon  as  the  judgment 
is  given.     En.  February  14,   1872. 

Crim.  Prac.  Act,  sec.  635.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1455.  Judgment  of  imprisonment,  how  executed.  When 
a  judgment  of  imprisonment  is  entered,  a  certified  copy 
thereof  must  be  delivered  to  the  sheriff,  marshal,  or  other 
officer,  which  is  a  sufficient  warrant  for  its  execution.  En. 
February  14,  1872. 

Crim.  Prac.  Act,  sec.  636.  En.  April  20,  1850.  Eep.  1851, 
290.     En.«1851,  212. 

Execution:  See  ante,  sees.  1213,  1216. 

§  1456.  Judgment  of  imprisonment  until  fine  is  paid,  how 
executed.  When  a  judgment  is  entered  imposing  a  fine,  or 
ordering  the  defendant  to  be  imprisoned  until  the  fine  is 
paid,  he  must  be  held  in  custody  during  the  time  specified 
in  the  judgment,  unless  the  fine  is  sooner  paid.  En.  February 
14,  1872. 

Cal.  Rep.  Cit.  54,  206*;  64,  438;  82,  455. 

Crim.  Prac.  Act,  sec.  637.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

Execution  of  judgment  of  fine  or  imprisonment:  Ante,  sec. 
1215. 

§  1457.  Defendant  discharged  upon  payment  of  fine; 
disposition  of  fine.  Upon  payment  of  the  fine,  the  officer 
must  discharge  the  defendant,  if  he  is  not  detained  for  any 
other  legal  cause,  and  pay  over  the  fine  within  ten  days 
to  county  treasurer  if  the  offense  is  prosecuted  for  the  viola- 
tion of  a  state  law  in  a  justice's  court;  provided  that  all 
fines   and  forfeitures   collected   in   any   police   court   or   city 


§§  145S,  1459  JUSTICES'    AND    POLICE    COURTS.  *i02 

justice's  court  that  is  maintained,  and  the  salaries  of  the 
officers  thereof  paid  by  the  city,  whether  prosecuted  for  a 
violation  of  a  state  law  or  a  city  ordinance  shall  be  paid 
to  the  city  treasurer  of  the  city  in  which  such  court  is 
located;  and  further  provided,  that  all  fines  and  forfeitures 
collected  for  the  violation  of  a  city  or  town  ordinance,  in  a 
justice's  court  shall  be  paid  over  to  the  city  or  town  treas- 
urer of  the  city  or  town  in  which  such  ordinance  is  in  force, 
subject,  however,  to  the  provisions  of  Chapter  I  of  Title  XV 
of  Part  I  of  this  code.  En.  February  14,  1872.  Am'd.  1901, 
88;   1905,  177. 

Disposition  of  fines:   See  post,   §    1570. 

Cal.  Eep.  Cit.  65,  478;   88,  411. 

Crim.  Prac.  Act,  sec.  638.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Cal.  Eep.  Cit.  45,  246. 

Crim.  Prac.  Act,  sec.  639.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Disposition  of  fines:  Post,  sec.  1570. 

§  1458.  Defendant  may  be  admitted  to  bail.  The  de- 
fendant, at  any  time  after  his  arrest,  and  before  convic- 
tion, may  be  admitted  to  bail.  The  provisions  of  this  code 
relative  to  bail  are  applicable  to  bSil  in  justices'  or  police 
courts.     En.  February  14,  1872.  . 

Crim.  Prac.  Act,  sec.  640.  En.  April  20,  1850.  Eep.  1851, 
.290.     En.  1851,  212. 

Bail:   Ante,  sees.  822,  1268  et  seq. 

§  1459.  Subpoenas.  The  justice  or  judge  of  either  of 
the  courts  mentioned  in  this  chapter  may  issue  subpoenas 
for  witnesses,  as  provided  in  section  thirteen  hundred  and 
twenty-six,  and  punish  disobedience  thereof,  as  provided 
in  section  one  thousand  three  hundred  and  thirty-one.  En. 
February  14,  1872. 

Witness  must  attend:   Code  Civ,  Proc,  sec.  2064. 


1467.  The  appeal  may  be  taken,  heard  and  determined 
as  provided  in  title  9,  part  2  of  this  code,  except  that,  such 
appeal  must  be  taken  within  fifteen  days  after  the  judg- 
ment is  rendered  or  within  ten  days  after  the  order  is 
made  from  which  the  appeal  is  taken.  (In  effect  60  days 
from   and  after  March   18,    1907.) 


503  APPEALS    TO    SUPERIOR    COURTS.  g§1460-14GS 

§  1460.  Entitling  affidavits.  The  provisions  of  section 
one  thousand  four  hundred  and  one,  in  respect  to  entitling 
affidavits,  are  applicable  to  proceedings  in  the  courts  men- 
tioned in  this  chapter.     En.  February   14,  1872. 

§  1461.  "Police  courts"  defined.  The  term  "police 
courts,"  as  used  in  this  and  the  succeeding  chapter,  in- 
cludes police  judges'  courts,  police  courts,  and  all  courts 
held  by  mayors  or  recorders  in  incorporated  cities  or  towns. 
En.  February  14,  1872. 

Cal.  Eep.  Cit,  66,  5;  88,  410. 

CHAPTER   II. 

APPEALS    TO    SUPERIOR    COURTS. 

§  14C6.  Appeals,    when    allowed. 

§  1467.  Appeals,    how    taken,    heard,    and    determined. 

§  1468.  Statement    on   appeal. 

§  1469.  If   new   trial   granted,    in    what   court   had. 

§  1470.  Procee-dings,    if   appeal    is    dismissed    or   Judgment   affirmed. 

§  1466.  Appeals,  when  allowed.  Either  party  may  ap- 
peal to  the  superior  court  of  the  county  from  a  judgment 
of  a  justice's  or  police  court,  in  like  cases  and  for  like 
cause  as  appeals  may  be  taken  to  the  supreme  court.  En. 
February  14,  1872.     Am'd.  1880,  34. 

Cal.  Eep.  Cit.  66,  401;  82,  615;  92,  574. 

Appeal  by  defendant:   Ante,  sec.  1237. 

Appeal  by  the  people:  Ante,  sec.  1238. 

§  1467.  Appeals,  how  taken,  heard,  and  determined.  The 
appeal  is  taken,  heard,  and  determined  as  provided  in  title 
IX,  part  II,  of  this  code.     En.  February  14,  1872. 

Cal.  Eep.  Cit.   72,   16;   82,   615. 

Appeal,  how  taken:   Ante,  sec.  1240. 

Judgment  on  appeal:  Ante,  sec.  1258. 

§  1468.  Statement  on  appeal.  The  appeal  to  the  superior 
court   from   the   judgment   of   a  justice's   or  police   court   is 


§§  1469,  1470  APPEALS    TO     SUPERIOR    COURTS.  504 

heard  upon  a  statement  of  the  case  settled  by  the  justice 
or  police  judge,  embodying  such  rulings  of  the  court  as  are 
excepted  to,  which  statement  must  be  filed  with  and  settled 
by  the  court  within  ten  davs  after  filing  notice  of  appeal. 
En.  February  14,  1872.     Am^'d.  1880,  35. 

§  1469.    If  new  trial  granted,  in  what  court  had.     If  a 

new   trial   is   granted   upon   appeal,   it   must   be   had   in   the 
superior  court.     En.  February  14,  1872.     Am'd.  1880,  35. 
Cal.  Eep.  Cit.  72,  15;   92,  574. 

§  1470.  Proceedings,  if  appeal  is  dismissed  or  judgment 
aflarmed.  If  the  appeal .  is  dismissed  or  the  judgment  af- 
firmed, a  copy  of  the  order  of  dismissal  or  judgment  of 
affirmance  must  be  remitted  to  the  court  below,  which 
may  proceed  to  enforce  its  sentence.  En.  February  14,  1872. 
Am'd.  1901,  88. 

Cal.  Rep.  Cit.  54,  345;   101,  304. 


i05  WRIT   OF  HABEAS   CORPUS. 

TITLE     XII. 

OF  SPECIAL  PEOCEEDINGS  OF  A  CEIMINAL  NATURE. 

Chapter  1.     Of    the    Writ    of   Habeas    Corpus,    §§    1473-1505. 
II.     Of  Coroners'  Inquests  and  Duties  of  Coroners, 
§§    1510-1519. 

III.  Of    Search-warrants,    §§    1523-1542. 

IV.  Proceedings    against    Fugitives      from      Justice, 

§§    1547-1558. 
V.     Miscellaneous     Provisions     Eespecting     Special 
Proceedings     of  a  Criminal   Nature,   §§   1562- 
1564. 

CHAPTER  I. 

OF    THE    WRIT    OF    HABEAS    CORPUS. 

§  1473.  Who    may    prosecute    writ. 

§  1474.  Application   for.   how   made. 

§  1475.  By   whom   issued,    and   before   whom   returnable. 

§  1476.  Writ   must  be   granted   without   delay;   admitted   to   bail   pending 

determination. 

§  1477.  Writ,  nvhat    to   contain. 

§  147S.  How    served. 

g  1479.  Proceedings   upon   disobedience   to   the   writ. 

§  14S0.  Return,    what   to    contain. 

§  1481.  Body   must  be  produced,    when. 

S  MS2.  Hearing    without   production    of   the    body. 

§  14S3.  Hearing   on    return. 

§  14S4.  Proceedings    on    the    hearing. 

§  14So.  When    court    may    discharge   the   party. 

§  14S6.  When   to    remand   party. 

§  14S7.  Grounds   of   discharge    in   certain   cases. 

§  14S8.  Not   to   be    discharged   for  defect   of   form   In    warrant. 

§  1489.  Proceedings    on    defective    warrant. 

§  1450.  Writ    for    purposes    of   bail. 

§  1491.  Judge    may    take    bail. 

§   1492.  Judge,    when    to    remand. 

§  1493.  Person    in    illegal,    may    be    committed    to    legal    custody. 

§  1494.  Disposition   of   party,    pending   proceedings   on   return. 

§  14'J.5.  Defect    of    form    in    the    writ    immaterial,    when. 

§  1496.  Imprisonment    after    discharge,    when    permitted. 

§  1497.  Warrant    may   issue   instead   of   writ,    in   certain   cases. 

§  1498.  Warrant   may   include   person   charged   with   illegal   detention. 

§  141i9.  Warrant,    how    executed. 

§  1500.  Return    and    hearing    on. 

§  1501.  Party    may    be    discharged    or    remanded. 


§§  1473-1475  WRIT    OF    HABEAS    CORPUS.  60« 

§  1502.  Wi  it    and    process    may   issue   at   any    time. 

§  1503.  By    whom    issued    and    when    returnable. 

§  1.504.  Where    returnable. 

§  1505.  Damages    for   failure   lo    issue   or   obey   the    writ. 

§  li73.  Who  may  prosecute  writ.  Every  person  unlaw- 
fully imprisoned  or  restrained  of  his  liberty,  under  any 
pretense  whatever,  may  prosecute  a  writ  of  habeas  corpus, 
to  inquire  into  the  cause  of  such  imprisonment  or  restraint. 
En.  February  14,   1872.     Am'd.  1873-4,  454. 

Cal.  Eep.  Cit.  126,  616. 

Privilege  of,  not  to  be  suspended. — The  privilege  of  the 
writ  of  habeas  corpus  shall  not  be  suspended  unless  when, 
in  cases  of  rebellion  or  invasion,  the  public  safety  may  re- 
quire its  suspension:  Const.  Cal.,  art.  I,  sec.  5;  U.  S.  Const., 
art.  I,  sec.  9. 

Eight  to,  where  one  detained  as  insane:  See  Pol.  Code,  sec. 
1473. 

§  1474.  Application  for,  how  made.  Application  for  the 
writ  is  made  by  petition,  signed  either  by  the  party  for 
whose  relief  it  is  intended,  or  by  some  person  in  his  behalf, 
and   must  specify — 

1.  That  the  person  in  whose  behalf  the  writ  is  applied 
for  is  imprisoned  or  restrained  of  his  liberty,  the  officer 
or  person  by  whom  he  is  so  confined  or  restrained,  and  the 
place  where,  naming  all  the  parties,  if  they  are  known,  or 
describing  them,  if  they  are  not  known. 

2.  If  the  imprisonment  is  alleged  to  be  allegal,  the  peti- 
tion must  also  state  in  what  the  alleged  illegality  consists. 

3.  The  petition  must  be  verified  by  the  oath  or  affirmation 
of  the  party  making  the  application.     En.  February  14,  1872. 

§  1475.    By  whom  issued,   and   before  whom   returnable. 

The  writ  of  habeas  corpus  may  be  granted: 

1.  By  the  supreme  court,  or  any  justice  thereof,  upon  peti- 
tion by  or  on  behalf  of  any  person  restrained  of  his  liberty 
in  this  state.  When  so  issued  it  may  be  made  returnable 
before  the  court,  or  any  justice  tbereof,  or  before  any  supe- 
rior  court,   or   any  judge   thereof; 

2.  By  the  superior  court,  or  a  judge  thereof,  upon  peti- 
tion by  or  on  behalf  of  any  person  restrained  of  his  liberty. 


1475.  The  writ  of  habeas  corpus  may  be  granted  in 
the  manner  provided  by  the  constitution.  If  the  writ  lias 
been  granted  by  any  court  or  a  judge  or  justice  thereof, 
and  after  the  hearing  thereof  the  prisoner  has  been  re- 
manded, lie  shall  not  be  discharged  from  custody  by  the 
same  or  any  other  court,  of  like  general  jurisdiction,  or  by 
a  judge  or  justice  of  the  same  or  any  other  court  of  like 
general  jurisdiction,  unless  upon  some  ground  not  existing 
in  fact  at  the  issuing  of  the  prior  writ. 

Should  the  prisoner  desire  to  urge  some  point  of  law 
jiot  raised  in  the  petition  for  or  at  the  hearing  upon  the 
return  of  the  prior  writ,  then,  in  case  such  prior  writ  had 
been  returned  or  returnable  before  a  superior  court  or  a 
judge  thereof,  no  writ  can  be  issued  upon  a  second  or 
other  application  except  by  the  appropriate  district  court 
of  appeal  or  some  justice  thereof,  or  by  the  supreme  court 
or  some  judge  thereof,  and  in  such  an  event  such  writ  must 
not  be  made  returnable  before  any  superior  court  or  any 
judge  thereof. 

In  the  event,  however,  that  the  prior  writ  was  returned 
or  made  returnable  before  a  district  court  of  appeal  or  any 
justice  thereof,  no  writ  can  be  issued  upon  a  second  or 
other  application  except  by  the  supreme  court  or  some  judge 
I  thereof,  and  such  writ  must  be  made  returnable  before  said 
supreme   court  or  some  judge   thereof. 

liVery  application  for  a  writ  of  habeas  corpus  must  be 
v<  liiied,  and  shall  state  whether  any  prior  application  or 
applications  have  been  made  for  a  writ  in  regard  to  the 
same  detention  or  restraint  complained  of  in  the  application, 
and  if  any  such  prior  application  or  applications  have  been 
made  the  later  application  must  contain  a  brief  statement 
of  all  proceedings  had  therein,  or  in  any  of  them,  to  and 
Including  the  final  order  or  orders  made  therein,  or  in  any 
of  them,   on  appeal  or  otherwise. 

Whenever  the  person  applying  for  a  writ  of  habeas  corpus 
is  held  in  custody  or  restraint  by  any  officer  of  any  court 
I  of  this  state  or  any  political  subdivision  thereof  or  by  any 
I  peace  officer  of  this  state  or  any  political  subdivision  thereof, 
I  a  copy  of  the  application  for  such  writ  must  in  all  cases 
i  be  served  upon  the  district  attorney  of  the  county  wherein 
such  person  is  held  in  custody  or  restraint  at  least  twenty- 
four  hours  before  the  time  at  which  said  writ  is  made 
returnable  and  no  application  for  such  writ  can  be  heard 
Without  proof  of  such  service  in  cases  where  such  service 
is  required.  (In  effect  60  days  from  and  after  March  18, 
1 1907.) 


507  WRIT    OF    HABEAS    CORPUS.  §§   1476-1478 

in  their  respective  counties.  If  the  writ  has  been  granted 
by  any  superior  court  or  judge,  and  after  the  hearing  there- 
of the  prisoner  has  been  remanded,  he  shall  not  be  dis- 
charged from  custody  by  the  same  or  any  other  superior 
court  or  judge,  unless  upon  some  ground  not  existing  at 
the  issuing  of  the  prior  writ,  or  unless  upon  some  point  of 
law  not  raised  at  the  hearing  upon  the  return  of  the  prior 
writ.     En.  February  14,  1872.     Am'd.  1880,  4;  1905,  706. 

The  change  consists  In  the  'addition  of  the  last  sentence  In  subdivision 
2.  The  purpose  of  the  amendment  is  to  prevent  one  who,  after  a 
hearing  upon  habeas  corpus  has  been  remanded  to  custody,  from 
applying  thereafter  to  the  same  or  another  superior  court  or  judge, 
unless  upon  some  ground  not  existing  at  the  issuing  of  the  prio»" 
writ,  or  unless  upon  some  point  of  law  not  raised  at  the  hearing 
upon   the   return   of  the   prior   writ.— Code   Commissioner's   Note. 

§  1476.  Writ  must  be  granted  without  delay;  admitted  to 
bail  pending  determination.  Any  court  or  judge  authorized 
to  grant  the  writ,  to  whom  a  petition  therefor  is  presented, 
must,  if  it  appear  that  the  writ  ought  to  issue,  grant  the 
same  without  delay;  and  if  the  person  by  or  upon  whose 
behalf  the  application  for  the  writ  is  made  be  detained  upon 
a  criminal  charge,  may  admit  him  to  bail,  if  the  offense 
is  bailable,  pending  the  determination  of  the  proceeding.. 
En.  February  14,  1872.     Am'd.   1905,  476. 

§  1477.  Writ,  what  to  contain.  The  writ  must  be  di- 
rected to  the  person  having  custody  of  or  restraining  the  per- 
son on  whose  behalf  the  application  is  made,  and  must 
command  him  to  have  the  body  of  such  person  before  the 
court  or  judge  before  whom  the  writ  is  returnable,  at  a 
time  and  place  therein  specified.     En.  February  14,  1872. 

§  1478.  How  served.  If  the  writ  is  directed  to  the  sher- 
iff or  other  ministerial  officer  of  the  court  out  of  which  it- 
issuer,  it  must  be  delivered  by  the  clerk  to  such  officer 
without  delay,  as  other  writs  are  delivered  for  service.  If 
it  is  directed  to  any  other  person,  it  must  be  delivered  to 
the  sheriff,  and  be  by  him  served  upon  such  person  by  "de- 
livering the  same  to  him  without  delay.  If  the  person  to 
whom  the  writ  is  directed  cannot  be  found,  or  refuses  ad-' 
mittance  to  the  officer  or  person  serving  or  delivering  such 
writ,  it  may  be  served  or  delivered  by  leaving  it  at  the 
residence  of  the  person  to  whom  it  is  directed,  or  by  affix- 
ing it   to   some   conspicuous   place   on   the   outside   either  of 


§§  1479-1481  WRIT   OF   HABEAS    CORPUS.  508 

his  dwelling-house   or  of   the  place  where  the  party  is  con- 
lined  or  under  restraint.     En.  February  14,  1872. 
Cal.  Eep.  Cit.  77,  160. 

§  1479.  Proceedings  upon  disobedience  to  the  writ.  If 
the  person  to  whom  the  writ  is  directed  refuses,  after  ser- 
vice, to  obey  the  same,  the  court  or  judge,  upon  affidavit, 
must  issue  an  attachment  against  such  person,  directed 
to  the  sheriff  or  coroner,  commanding  him  forthwith  to 
apprehend  such  person  and  bring  him  immediately  before 
such  court  or  judge;  and  upon  being  so  brought,  he  must 
be  committed  to  the  jail  of  the  county  until  he  makes  due 
return  to  such  writ,  or  is  otherwise  legally  discharged.  En. 
February  14,  1872. 

§  1480.  Return,  what  to  contain.  The  person  upon  whom 
the  writ  is  served  must  state  in  his  return,  plainly  and  un- 
equivocally: 

1.  Whether  he  has  or  has  not  the  party  in  his  custody, 
or  under  his  power  or  restraint. 

2.  If  he  has  the  party  in  his  custody  or  power,  or  under 
his  restraint,  he  must  state  the  authority  and  cause  of  such 
imprisonment   or  restraint. 

3.  If  the  party  is  detained  by  virtue  of  any  writ,  war- 
rant, or  other  written  authority,  a  copy  thereof  must  be 
annexed  to  the  return,  and  the  original  produced  and  ex- 
hibited to  the  court  or  judge  on  the  hearing  of  such  return. 

4.  If  the  person  upon  whom  the  writ  is  served  had  the 
party  in  his  power  or  custody,  or  under  his  restraint,  at 
any  time  prior  or  subsequent  to  the  date  of  the  writ  of 
habeas  corpus,  but  has  transferred  such  custody  or  re- 
straint to  another,  the  return  must  state  particularly  to 
whom,  at  what  time  and  place,  for  what  cause,  and  by 
what  authority,  such  transfer  took  place. 

5.  The  return  must  be  signed  by  the  person  making  the 
same,  and,  except  when  such  person  is  a  sworn  public  officer, 
and  makes  such  return  in  his  official  capacity,  it  must  be 
verified  by  his  oath.     En.  February  14,  1872. 

Cal.  Eep.  Cit.  71,  238. 

§  1481.  Body  must  be  produced,  when.  The  person  to 
whom  the  writ  is  directed,  if  it  is  served,   must  bring  the 


509  WRIT    OP    HABEAS    CORPUS.  §§  1482-14S5 

body  of  the  party  in  his  custody  or  under  his  restraint, 
according  to  the  command  of  the  writ,  except  in  the  cases 
specified  in  the  next  section.     En.  February  14,  1872. 

No  fee  to  be  charged  for  services  in  proceedings:  See  Pol. 
Code,  sec.  4333. 

§  1482.  Hearing  without  production  of  the  body.  When, 
from  sickness  or  infirmity  of  the  person  directed  to  be 
produced,  he  cannot,  without  danger,  be  brought  before  the 
court  or  judge,  the  person  in  whose  custody  or  power  he  is 
may  state  that  fact  in  his  return  to  the  writ,  verifying  the 
same  by  affidavit.  If  the  court  or  judge  is  satisfied  of  the 
truth  of  such  return,  and  the  return  to  the  writ  is  otherwise 
sufficient,  the  court  or  judge  may  proceed  to  decide  on  such 
return  and  to  dispose  of  the  matter  as  if  such  party  had  been 
produced  on  the  writ,  or  the  hearing  thereof  may  be  ad- 
journed until  such  party  can  be  produced.  En.  February 
14,  1872. 

§  1483.  Hearing  on  return.  The  court  or  judge  before 
whom  the  writ  is  returned  must,  immediately  after  the  re- 
turn, proceed  to  hear  and  examine  the  return,  and  such 
other  matters  as  may  be  properly  submitted  to  their  hearing 
and  consideration.     En.  February  14,  1872. 

§  1484.  Proceedings  on  the  hearing.  The  party  brought 
before  the  court  or  judge,  on  the  return  of  the  writ,  may 
deny  or  controvert  any  of  the  material  facts  or  matters 
set  forth  in  the  return,  or  except  to  the  sufficiency  thereof, 
or  allege  any  fact  to  show  either  that  his  imprisonment 
or  detention  is  unlawful,  or  that  he  is  entitled  to  his  dis- 
charge. The  court  or  judge  must  thereupon  proceed  in  a 
summary  way  to  hear  such  proof  as  may  be  produced  against 
such  imprisonment  or  detention,  or  in  favor  of  the  same, 
and  to  dispose  of  such  party  as  the  justice  of  th'e  case  may 
require,  and  have  full  power  and  authority  to  require  and 
compel  the  attendance  of  witnesses,  by  process  of  subpoena 
tmd  attachment,  and  to  do  and  perform  all  other  acts  and 
things  necessary  to  a  full  and  fair  hearing  and  determina- 
tion of  the  case.     En.  February  14,  1872. 

Cal.  Eep.  Cit.  59,  422;  92,  190;  126,  619. 

§  1485,     When    court    may    discharge    the    party.      If    no 

legal    cause    is   shown    for    such    imprisonment    or    restraint, 


§§  14S6,  1487  WRIT    OF   HABEAS    CORPUS.  510 

or  for  the  continuation  thereof,  such  court  or  judge  must 
discharge  such  party  from  the  custody  or  restraint  under 
which  he  is  hekl.     En.  February  14,  1872. 

§  1486.  When  to  remand  party.  The  court  or  judge,  if 
the  time  during  which  such  party  may  be  legally  detained 
in  custody  has  not  expired,  must  remand  such  party,  if  it 
appears  that  he  is  detained  in  custody: 

1.  By  virtue  of  process  issued  by  any  court  or  judge  of 
the  United  States,  in  a  case  where  such  court  or  judge  has 
exclusive  jurisdiction;  or, 

2.  By  virtue  of  the  final  judgment  or  decree  of  any  com- 
petent court  of  criminal  jurisdiction,  or  of  any  process  is- 
sued upon  such  judgment  or  decree.     En.  February  14,  1872. 

Cal.  Eep.  Cit.  49,  162;  89,  427. 

§  1487.  Orrounds  of  discharge  in  certain  cases.  If  it  ap- 
pears on  the  return  of  the  writ  that  the  prisoner  is  in  custody 
by  virtue  of  process  from  any  court  of  this  state,  or  judge 
or  officer  thereof,  such  prisoner  may  be  discharged  in  any 
of  the  following  cases,  subject  to  the  restrictions  of  the  last 
section: 

1.  When  the  jurisdiction  of  such  court  or  officer  has  been 
exceeded. 

2.  When  the  imprisonment  was  at  first  lawful,  yet  by 
some  act,  omission,  Or  event  which  has  taken  place  after- 
wards, the  party  has  become  entitled  to  a  discharge. 

3.  When  the  process  is  defective  in  some  matter  of  sub- 
stance required  by  law,  rendering  such  process  void. 

4.  When  the  process,  though  proper  in  form,  has  been  is- 
sued in  a  case  not  allowed  by  law. 

5.  When  the  person  having  the  custody  of  the  prisoner  is 
not  the  person  allowed  by  law  to  detain  him. 

6.  Where  the  process  is  not  authorized  by  any  order, 
judgment,  or  decree  of  any  court,  nor  by  any  provision  of 
law. 

7.  Where  a  party  has  been  committed  on  a  criminal  charge 
without  reasonable  or  probable  cause.  En.  February  14, 
1872; 

Cal.  Kep.  Cit.  64,  156;  82,  246;  82,  247. 


.511  WRIT    OF    HABEAS    CORPUS.  §§1488-1492 

§  1488.  Not  to  be  discharged  for  defect  of  form  in  war- 
rant. If  any  person  is  committed  to  prison,  or  is  in  custody 
of  any  officer  on  any  criminal  charge,  by  virtue  of  any  war- 
rant of  commitment  of  a  justice  of  the  peace,  such  person 
must  not  be  discharged  on  the  ground  of  any  mere  defect 
of  form  in  the  warrant  of  commitment.  En.  February  14, 
1872. 

Cal.   Eep.  Cit.  85,   310;   92,  426. 

§  1489.  Proceedings  on  defective  warrant.  If  it  appears 
to  tlie  court  or  judge,  by  affidavit  or  otherwise,  or  upon  the 
inspection  of  the  process  or  warrant  of  commitment,  and 
such  other  papers  in  the  proceedings  as  may  be  shown  to 
the  court  or  judge,  that  the  party  is  guilty  of  a  criminal 
offense,  or  ought  not  to  be  discharged,  such  court  or  judge, 
although  the  charge  is  defective  or  unsubstantially  set  fortli 
in  such  process  or  warrant  of  commitment,  must  cause  the 
complainant  or  other  necessary  witnesses  to  be  subpoenaed 
to  attend  at  such  time  as  ordered,  to  testify  before  the  court 
or  judge;  and  upon  the  examination  he  may  discharge  such 
prisoner,  let  him  to  bail,  if  the  offense  be  bailable,  or  re- 
commit him  to  custody,  as  may  be  just  and  legal.  En.  Feb- 
ruary 14,  1872. 

Cal.  Rep.  Cit.     49,  437. 

§  1490.  Writ  for  purposes  of  bail.  "When  a  person  is 
imprisoned  or  detained  in  custody  on  any  criminal  charge, 
for  want  of  bail,  such  person  is  entitled  to  a  writ  of  habeas 
corpus  for  the  purpose  of  giving  bail,  upon  averring  that 
fact  in  his  petition,  without  alleging  that  he  is  illegally  con- 
fined.    En.  February  14,  1872. 

Cal.  Eep.  Cit.  54,  103;  92,  189. 

§  1491.  Judge  may  take  bail.  Any  judge  before  whom 
a  person  who  has  been  committed  on  a  criminal  charge 
may  be  brought  on  a  writ  of  habeas  corpus,  if  the  same 
is  bailable,  may  take  an  undertaking  of  bail  from  such 
person  as  in  other  cases,  and  file  the  same  in  the  proper 
court.     En.   February   14,   1872.  ,       . 

Cal.  Rep.  Cit.  54,  103;  92,  189. 

§  1492.  Judge,  when  to  remand.  If  a  party  brought  be- 
fore the  court  or  judge  on  the  return  of  the  writ  is  not  en- 
titled to  his  discharge,  and  is  Dot  bailed,  where  &ueh  ^ail  is 


§§  1493-1496  WRIT    OP    HABEAS    CORPUS.  512 

allowable,  the  court  or  judge  must  remand  him  to  custody 
or  place  him  under  the  restraint  from  which  he  was  taken, 
if  the  person  under  whose  custody  or  restraint  he  was  is 
legally  entitled  thereto.     February  14,  1872. 

Cal.  Eep.  Cit.  54,  103. 

§  1493.  Person  in  illegal,  may  be  committed  to  legal  cus- 
tody. In  cases  where  any  party  is  held  under  illegal  re- 
straint or  custody,  or  any  other  person  is  entitled  to  the  re- 
straint or  custody  of  such  party,  the  judge  or  court  may 
order  such  party  to  be  committed  to  the  restraint  or  custody 
of  such  person  as  is  by  law  entitled  thereto.  En.  February 
14,  1872. 

Cal.  Eep.  Cit.  126,  619;  128,  31;  135,  341. 

§  1494.  Disposition  of  party,  pending  proceedings  on  re- 
turn. Until  judgment  is  given  on  the  return,  the  court  or 
judge  before  whom  any  party  may  be  brought  on  such  writ 
may  commit  him  to  the  custody  of  the  sheriff  of  the  county, 
or  place  him  in  such  care  or  under  such  custody  as  his  age 
or  circumstances  may  require.     En.  February  14,  1872. 

§  1495.     Defect  of  form  in  the  writ  immaterial,  when.    No 

writ  of  haber  "pus  can  be  disobeyed  for  defect  of  form, 
if  it  sufficiently  appear  therefrom  in  whose  custody  or  under 
whose  restraint  the  party  imprisoned  or  restrained  is,  the 
officer  or  person  detaining  him,  and  the  court  or  judge  be- 
fore whom  he  is  to  be  brought      En.  February  14,  1872. 

§  1496.     Imprisonment   after    discharge,   when   permitted. 

No  person  who  has  been  discharged  by  the  order  of  the 
court  or  judge  upon  habeas  corpus  can  be  again  impris- 
oned restrained,  or  kept  in  custody  for  the  same  cause,  ex- 
cept in  the  following  cases: 

1.  If  he  has  been  discharged  from  custody  on  a  criminal 
charge,  and  is  afterwards  committed  for  the  same  offense, 
by  legal  order  or  process. 

2.  If,  after  a  discharge  for  defect  of  proof,  or  for  any 
defect  of  the  process,  warrant,  or  commitment  in  a  crim- 
inal case,  the  prisoner  is  again  arrested  on  sufficient  proof 
and  committed  by  legal  process  for  the  same  offense.  En. 
February  14,  1872. 

Cal.  Eep.  Cit.  64,  156;   136,  295. 


513  WRIT    OF   HABEAS    CORPUS.  §§  1497-1503 

§  1497.  Warrant  may  issue  instead  of  writ,  in  certain 
cases.  When  it  appears  to  any  court,  or  judge,  authorized 
by  law  to  issue  the  writ  of  habeas  corpus,  that  any  one  is 
illegally  held  in  custody,  confinement,  or  restraint,  and  that 
there  is  reason  to  believe  that  such  person  will  be  carried 
out  of  the  jurisdiction  of  the  court  or  judge  before  whom 
the  application  is  made,  or  will  suffer  some  irreparable  in- 
jury before  compliance  with  the  writ  of  habeas  corpus  can  be 
enforced,  such  court  or  judge  may  cause  a  warrant  to  be 
issued,  reciting  the  facts,  and  directed  to  the  sheriff,  coroner, 
or  constable  of  the  county,  commanding  such  officer  to  take 
such  person  thus  held  in  custody,  confinement,  or  restraint, 
and  forthwith  bring  him  before  such  court  or  judge,  to  be 
dealt  with  according  to  law.     En.  February  14,  1872. 

§  1498.  Warrant  may  include  person  charged  with  illegal 
detention.  The  court  or  judge  may  also  insert  in  such  war- 
rant a  command  for  the  apprehension  of  the  person  charged 
with  such  illegal  detention  and  restraint.  En.  February  14, 
1872. 

§  1499.  Warrant,  how  executed.  The  ofiieer  to  whom 
such  warrant  is  delivered  must  execute  it  by  bringing  the 
person  therein  named  before  the  court  or  judge  who  directed 
the  issuing  of  such  warrant.     En.  February  14,  1872. 

§  1500.  Return  and  hearing  on.  The  person  alleged  to 
have  such  party  under  illegal  confinement  or  restraint  may 
make  return  to  such  warrant  as  in  case  of  a  writ  of  habeas 
corpus,  and  the  same  may  be  denied,  and  like  allegations, 
proofs,  and  trial  may  thereupon  be  had  as  upon  a  return  to  a 
writ  of  habeas  corpus.     En.  February  14,  1872. 

§  1501.  Party  may  be  discharged  or  remanded.  If  such 
party  is  held  under  illegal  restraint  or  custody,  he  must  be 
discharged;  and  if  not,  he  must  be  restored  to  the  care  or 
custody  of  the  person  entitled  thereto.  En.  February  14, 
1872. 

§  1502.     Writ  and  process  may  issue  at  any  time.     Any 

writ  or  process  authorized  by  this  chapter  may  be  issued 
and  served  on  any  day  or  at  any  time.  En.  February  14, 
1872. 

§  1503.  By  whom  issued  and  when  returnable.  All  writs, 
warrants,  process,   and  subpoenas  authorized  by  the   provi- 

Pfin.   Cnde— 33 


§§  1504-1510  DUTIES    OF    CORONERS.  514 

sions  of  this  chapter  must  be  issued  by  the  clerk  of  the 
court,  and,  except  subpoenas,  must  be  sealed  with  the  seal 
of  such  court,  and  served  and  returned  forthwith,  unless 
the  court  or  judge  shall  specify  a  particular  time  for  any 
such  return.     En.  February  14,  1872. 

§  1504.  Where  returnable.  All  such  writs  and  process, 
when  made  returnable  before  a  judge,  must  be  returned 
before  him  at  the  county  seat,  and  there  heard  and  de- 
termined.    En.  February  14,  1872.     Am'd.  1880,  4. 

CaL  Eep.  Cit.  69,  238. 

§  1505.    Damages  for  failure  to  issue  or  obey  the  writ. 

If  any  judge,  after  a  proper  application  is  made,  refuses 
to  grant  an  order  for  a  writ  of  habeas  corpus,  or  if  the 
officer  or  person  to  whom  such  writ  may  be  directed,  re- 
fuses obedience  to  the  command  thereof,  he  shall  forfeit 
and  pay  to  the  person  aggrieved  a  sum  not  exceeding  five 
thousand  dollars,  to  be  recovered  by  action  in  any  court  of 
competent  jurisdiction.  En.  February  14,  1372. 
Cal.  Eep.  Cit.  79,  31;  79,  32. 


CHAPTER  II. 

OF  CORONERS'  INQUESTS  AND  DUTIES  OF  CORONERS. 

§  1510.     Coroner   to   summon   jury   to   inquire   into   cause   of   death. 

§  1511.     Jurors   to   be   sworn. 

§  1511a.  Inquest. 

§  1511b.  To   view  body. 

§  l.'il2.     Witnesses. 

§  1513.    Witnesses    compelled    to    attend. 

§  1514.     Verdict    of    jury    in    writing.     What    to    contain. 

§  1514a.  Witness    to    be    bound    over,    when.     Recognizances. 

§  1515.     Testimony    in    writing,    and    where    filed. 

I  1516.     Exception.  v 

I  1517.     Coroner   to   issue   warrant,    when. 

§  1518.     Form   of   warrant. 

§  1519.     How   served. 

§  1510.  Coroner  to  summon  jury  to  inquire  into  cause  of 
death.  When  a  coroner  is  informed  that  a  person  has  been 
killed,  or  has  committed  suicide,  or  has  suddenly  died  under 
such  circumstances  as  to  afford  a  reasonable  ground  to  sus- 
pect'that  his  death  has  been  occasioned  by  the  act  of  an- 
other by  criminal  means,  he  must  go  to  the  place  where  the 
body  is,  cause  it  to  be  exhumed  if  it  has  been  interred, 
and  summon  not   less  than  nine  nor  more   than  fifte*en  per- 


515  DUTIES    OF    CORONERS.  §  1511 

sons,  qualified  by  law  to  serve  as  jurors,  to  appear  before 
him  forthwith,  at  the  place  wher,e  the  body  of  deceased  is, 
to  inquire  into  the  cause  of  the  death.  No  such  person  is 
exempt  from  jury  duty  except  at  the  discretion  of  the  cor- 
oner. No  person  shall  be  summoned  as  juror  who  is  re- 
lated to  the  decedent  or  is  charged  with  or  suspected  of  the 
killing,  nor  shall  any  one  be  summoned  who  is  known  to  be 
prejudiced  for  or  against  him,  but  no  person  selected  or 
summoned  to  appear  as  a  juror  is  subject  to  be  challenged 
by  any  party.     En.  February  14,  1872.     Am'd.  1905,  707. 

The  amendment  consists  of  the  last  two  sentences.  The  matter  thus 
added  to  the  section  Is  a  codification  of  a  part  of  the  provisions  of 
section  3  of  the  statute  of  1871-2,  page  403,  as  amended  by  the  stat- 
ute of  1S75-6,  page  379,  respecting  jurors  summoned  to  act  at  coro- 
ner's inquests. — Code  Commissioner's  Note. 
See    the    note    of    the    former    Co-de    Commissioners    to    this    statute,    p. 

586   of  the  Penal   Code   of  1903. 

Inquest:   See  Pol.   Code,   sees.   4285-4290. 

Powers  and  duties  of  coroners:  See  Pol.  Code,  sees.  4285- 
4292. 

Justice  may  act  as  coroner  when:  See  Pol.  Code,  sec.  4289. 

Costs  of  inquest  in  state  prison:  See  post.  Appendix,  title 
Costs. 

Act  providing  for  payment  for  chemical  and  post  mor- 
tem examinations:  See  post.  Appendix,  title  Coroners. 

Act  relating  to  appointment  of  physician  at  inquest:  See 
post.  Appendix,  title  Coroners. 

Act  providing  for  attendance  of  physicians  and  surgeons: 
See  post.  Appendix,  title  Coroners. 

Coroners  in  San  Francisco,  act  relating  to:  See  post,  Ap- 
pendix, title  Coroners. 

Acts  furnishing  assistants  to  coroners  in  certain  cities: 
See  post.  Appendix,  title  Coroners. 

Act  prescribing  fees  of  coroners:  See  post.  Appendix,  title 
Coroners. 

Act  providing  shorthand  reporter  at  inquest:  See  post.  Ap- 
pendix, title  Coroners. 

§  1511.  Jurors  to  be  sworn.  When  six  or  more  of  the 
jurors  attend,  they  must  be  sworn  by  the  coroner  to  in- 
quire who  the  person  was,  and  when,  where,  and  by  what 
means,  he  came  to  his  death,  and  into  the  circumstances 
attending  his  death;  and  to  render  a  true  verdict  thereon, 


§§  1511a-1512  DUTIES    OF    CORONERS.  518 

according  to  the  evidence  offered  them,  or  arising  from  the 
inspection  of  the  body.     3^.  February  14,  1872. 

§  1511a.  Inciuest.  There  must  be  but  one  inquest  upon 
a  body,  unless  that  taken  is  set  aside  by  the  court;  and 
there  must  be  but  one  inquest  held  upon  several  bodies  of 
persons  who  were  killed  by  the  same  cause,  and  who  died  at 
the  same  time.  Whenever  it  appears  that  an  error  in  the 
identity  of  the  body  has  been  made  by  the  jury,  it  is  dis- 
cretionary with  the  coroner  to  call  another  inquest  without 
reference  to  the  court,  and  a  memorandum  of  the  error  must 
be  entered  upon  the  erroneous  inquisition.  En.  Stats.  1905, 
707. 

This  section  is  a  codification  of  section  6  of  the  statute  of  1S71-2,  page 
403,    above    referred    to. — Code    Commissioner's    Note. 

§  1511b.  To  view  the  body.  After  the  jury  have  been 
sworn  and  charged  by  the  coroner,  they  must  go  together 
with  the  coroner  to  view  and  examine  the  body  of  the  de- 
ceased person.  They  must  not  proceed  upon  the  inquest 
until  they  have  so  viewed  the  body.  After  the  jury  have 
viewed  the  body,  they  may  retire  to  any  convenient  place 
to  hear  the  testimony  of  witnesses  and  deliberate  upon  their 
verdict.  For  this  end  the  coroner  may  adjourn  the  inquest 
from  time  to  time,  as  may  be  necessary.  En.  Stats.  1905, 
708. 

Section  7  of  the  statute  last  referred  to  is  codified  in  this  section.— 
Code    Commissioner's    Note. 

§  1512.  Witnesses.  Coroners  may  issue  subpoenas  for 
witnesses,  returnable  forthwith,  or  at  such  time  and  place 
as  they  may  appoint,  which  may  be  served  by  any  compe- 
tent person.  They  must  summon  and  examine  as  witnesses 
every  person  who  in  their  opinion,  or  that  of  any  of  the 
jury,  has  any  knowledge  of  the  facts,  and  may  summon  a 
surgeon  or  physician  to  inspect  the  body,  or  hold  a  post 
mortem  examination  thereon,  or  a  chemist  to  make  an 
.  analysis  of  the  stomach  or  the  tissues  of  the  body  of  the  de- 
ceased, and  give  a  professional  opinion  as  to  the  cause  of  the 
death.     En.  February  14,  1872.     Am'd.  1905,  708. 

The  change  consists  in  the  insertion  of  the  words  "or  hold  a  post 
mortem  examination  thereon,  or  a  chemist  to  make  analysis  of  the 
tissues  of  the  body  of  the  deceased,"  after  "body."  This  provision 
is  taken  from  sections  1  and  2  of  the  statute  of  1S71-2,  page  403, 
above    referred    to.— Co'de    Commissioner's    Note. 


517  DUTIES   OF   CORONERS.  §§  1513-1515 

§  1513.  Witnesses  compelled  to  attend.  A  witness  served 
with  a  subpoena  may  be  compelled  to  attend  and  testify, 
or  be  punished  by  the  coroner  for  disobedience,  in  like 
manner  as  upon  a  subpoena  issued  by  a  justice  of  the  peace. 
En.  February  14,  1872.     Am'd.  1905,  708. 

The  amendment  consists  of  inserting  the  word  "be"  before  the  word 
"punished."— Code    Commissioner's    Note. 

Cal.  Rep.  Cit.     59,  651;   122,  638;   122,  640. 

§  1514,     Verdict   of   jury   in   writing.     What   to   contain. 

After  inspecting  the  body  and  hearing  the  testimony,  the 
jury  must  render  their  verdict  and  certify  the  same  by  an 
inquisition  in  writing,  sigired  by  them,  and  setting  forth 
who  the  person  killed  is,  and  when,  where,  and  by  what 
means  he  came  to  his  death;  and  if  he  was  killed,  or  his 
death  occasioned  by  the  act  of  another,  by  criminal  meansj 
who  is  guilty  thereof.     En.  February  14,  1872. 

§  1514a.    Witness  to  be  bound  over,  when;  recognizances. 

If  the  jury  find  that  a  murder  or  manslaughter  has  been 
committed,  the  coroner  may  bind  over  the  witnesses  against 
the  accused  to  appear  and  testify  before  the  grand  jury, 
or  a  magistrate,  or  the  superior  court,  and  to  obey  all  orders 
of  such  magistrate  or  court  in  the  premises.  Such  recogni- 
zance must  be  in  writing  and  must  be  subscribed  by  the 
parties  to  be  bound  thereby,  and  made  payable  to  the 
people  of  the  State  of  California  in  an  amount  to  be  fixed 
by  the  coroner,  and  approved  by  a  judge  of  the  superior 
court;  and  in  case  of  their  refusal  to  sign  such  recogni- 
zance, the  coroner  has  power  to  commit  such  witness  as  in 
the  ease  of  examination  of  an  accused  person  by  a  magis- 
trate.    En.  Stats.  1905,  708. 

This  is  a  codification  of  section  15  of  the  statute  of  1871-2,  page  Wi, 
I  elating   to   coroners.— Code   Commissioners'    Note. 

§  1515.  Testimony  in  writing  and  where  filed.  The  tes- 
timony of  the  witnesses  examined  before  the  coroner's  jury 
must  be  reduced  to  writing  by  the  coroner  or  under  his  di- 
rection, and  forthwith  filed  by  him,  with  the  inquisition, 
and  all  recognizances  taken  by  him,  in  the  office  of  the 
county  clerk.  En.  February  14,  1872.  Am'd.  1880,  35;  1905, 
709. 

The  change  consists  in  the  insertion  of  the  words  "and  all  recogni- 
zances taken  by  him,"  after  the  word  "inquisition."— Code  Com- 
missioner's   Note. 

Cal.  Kep.  Cit.     59,   650;  59,  651. 


§§1516-1519  DUTIES   OF    CORONERS.  518 

§  1516.  Exception.  If,  however,  the  person  charged 
with  the  commission  of  the  offense  is  arrested  before  the 
inquisition  can  be  filed,  the  coroner  must  deliver  the  same, 
with  the  testimony  taken,  to  the  magistrate  before  whom 
such  person  may  be  brought,  who  must  return  the  same, 
with  the  depositions  and  statement  taken  before  him,  to  the 
office  of  the  clerk  of  the  superior  court  of  the  county.  En. 
February  14,  1872.     Am 'd.  1880,  3-5. 

§  1517.  Coroner  to  issue  warrant,  when.  If  the  jury  find 
that  the  person  was  killed  by  another,  under  circumstances 
not  excusable  or  justifiable  by  law,  or  that  his  death  was 
occasioned  by  the  act  of  another  by  criminal  means,  and 
the  party  committing  the  act  is  ascertained  by  the  inquisi- 
tion, and  is  not  in  custody,  the  coroner  must  issue  a  war- 
rant, signed  by  him,  with  his  name  of  office,  into  one  or 
more  counties,  as  may  be  necessary  for  the  arrest  of  the 
person   charged.      En.   February   14,    1872. 

§  1518.  Form  of  warrant.  The  coroner's  warrant  must 
be  in  substantially  the  following  form: 

County  of  . 

The   people   of   the   state   of   California,   to   any   sheriff,   con- 
stable, marshal,  or  policeman  in  this  state: 

An  inquisition  having  been  this  day  found  by  a  coro- 
ner's jury  before  me,  stating  that  A  B  has  come  to  his 
death  by  the  act  of  CD,  by  criminal  means,  [or  as  the 
ease  may  be,  as  found  by  the  inquisition]  you  are  there- 
fore commanded  forthwith  to  arrest  the  above  named  C  D, 
and  take  him  before  the  nearest  or  most  accessible  magi* 
trate  in  this  county. 

Given  under  my  hand  this  day  of  ,  A.  D.  eigh- 
teen   . 

E  F,  coroner  of  the  county  of  . 

En.  February  14,  1872. 

§  1519.  How  served.  The  coroner's  warrant  may  be 
served  in  any  county,  and  the  officer  serving  it  must  pro- 
ceed thereon,  in  all  respects,  as  upon  a  warrant  of  arrest  on 
an  information  before  a  magistrate,  except  that  when 
served  in  another  county  it  need  not  be  indorsed  by  a  mag- 
istrate of  that  county.     En.  February  14,  1872. 


1520    (new).      The   district   attorney  shall    have    the    right 
be   present  at  any  and   all   inquests   held   by   the   coroner 
len  he  has  reason  to  believe  a  crime  has  been  committed. 
1  effect  March  19,   1907.) 


519  SEARCH-WARRANTS.  §§  1523,   laZi 

CHAPTER  III. 

OF     SEARCH-WARRANTS. 

§  1523.  Search-warrant   defined. 

§  1524.  Upon    what   groun]    it   may    issue. 

§  1525.  It  cannot   be  issued   but  upon   probable  cause,    etc. 

§  15l6  Magistrates   must  examine,    on   oath,    complainant,    etc. 

§  1527.  Deposition.s,    what   to   contain. 

§  152S.  When   to   issue   warrant. 

§  1529.  Form    of    warrant.    " 

§  1.530.  By    whom   served. 

§  1531.  Officer   may   breait    open    door,    etc.,    to    execute    warrant. 

§  1532.  May    bleak    open    door,     etc.,     to    liberate    person    acting    in    hi.s 

aid. 

§  1533.  When    warrant   may   be   served   in    the   night. 

§  1534.  Within   what  time   warrant   must   be   executed. 

§  1535.  Officer   to   give   receipt    for   property   taken. 

§  1536.  Property,    how    disposed    of. 

§  1537.  Return   of   warrant   and   inventory   of   property   taken. 

§  1538.  Copy   of  inventory,    to   whom  delivered. 

§  1539.  Proceedings,    if  grounds   of   warrant   are   controverted. 

§  1540.  Property,     when    to    be    restored. 

§  1541.  Depositions,    warrants,    etc.,    to   be   returned   to   court. 

§  1542.  Search   of  'defendant    in    presence   of   magistrate. 

§  1523.  Search-warrant  defined.  A  search-warrant  is  an 
order  in  writing,  in  the  name  of  the  people,  signed  by  a 
magistrate,  directed  to  a  peace  officer,  commanding  him 
to  search  for  personal  property,  and  bring  it  before  the  mag- 
istrate.    En.  February  14,   1872. 

Cal.  Rep.  Cit.  68,  288;  68,  289. 

(Mm.  Frac.  Act,  sec.  642.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  1524.  Upon  what  ground  it  may  issue.  It  may  be  is- 
sued upon  either  of  the  following  grounds: 

1.  When  the  property  was  stolen  or  embezzled;  in  which 
case  it  may  be  taken  on  the  warrant  from  any  place  in 
which  it  is  concealed,  or  from  the  possession  of  the  person 
by  whom  it  was  stolen  or  embezzled,  or  from  any  person 
in  whose  possession  it  may  be. 

2.  When  it  was  used  as  the  means  of  committing  a  felony; 
in  which  ease  it  may  be  taken  on  the  warrant  from  the 
place  in  which  it  is  concealed,  or  from  the  possession  of  the 


§§  1525,  1526  SEARCH-WARRANTS.  320 

person  by  whom  it  was  used  in  the  commission  of  the  of- 
fense, or  from  any  person  in  whose  possession  it  may  be. 

3.  When  it  is  in  the  possession  of  any  person  with  the 
intent  to  use  it  as  a  means  of  committing  a  public  offense, 
or  in  the  possession  of  another  to  whom  he  may  have  deliv- 
ered it  for  the  purpose  of  concealing  it  or  preventing  its  be- 
ing discovered;  in  which  case  it  may  be  taken  on  the  war- 
rant from  such  person,  or  from  any  place  occupied  by  him, 
or  under  his  control,  or  from  the  possession  of  the  person 
to   whom   he   may   have   so   delivered   it. 

4.  When  the  property  is  a  cask,  keg,  bottle,  vessel, 
siphon,  can,  case,  or  other  package,  bearing  printed, 
branded,  stamped,  engraved,  etched,  blown,  or  otherwise 
attached  or  produced  thereon  the  duly  filed  trademark 
or  name  of  the  person  by  whom,  or  in  whose  behalf,  the 
search-warrant  is  applied  for,  in  the  possession  of  any 
person  except  the  owner  thereof,  with  the  intent  to  sell  or 
traffic  in  the  same,  or  refill  the  same  with  intent  to  defraud 
the  owner  thereof,  with  such  intent,  and  without  such 
owner 's  consent  thereof,  or  unless  the  same  shall  have 
been  purchased  from  the  owner  thereof;  in  which  case  it 
may  be  taken  on  the  warrant  from  such  person,  or  from 
any  place  occupied  by  him,  or  under  his  control,  or  from 
the  possession  of  the  person  to  whom  he  may  have  deliv- 
ered it.     En.  February  14,  1872.     Am'd.  1899,  87. 

Crim.  Prac.  Act,  sec.  643.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1525.     It  cannot  be  issued  but  upon  probable  cause,  etc. 

A  search-warrant  cannot  be  issued  but  ujion  probable  cause, 
supported  by  affidavit,  naming  or  describing  the  person,  and 
particularly  describing  the  property  and  the  place  to  be 
searched.     En.   February   14,   1872. 

Crim.  Prac.  Act,  sec.  644.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  1526.  Magistrates  must  examiiae,  on  oath,  complain- 
ant, etc.  The  magistrate  must,  before  issuing  the  warrant, 
examine  on  oath  the  complainant,  and  any  witnesses  he 
may  produce,  and  take  their  depositions  in  writing,  and 
cause  them  to  be  subscribed  bv  the  parties  making  them. 
En.  February  14,  1872. 

Cal.  Rep.  Cit.   75,  372. 


521  SEARCH-WARRANTS.  §§  1527-1.J2'J 

Crim.  Prae.  Act,  sec.  645.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1527.  Depositions,  what  to  contain.  The  depositions 
must  set  forth  the  facts  tending  to  establish  the  grounds 
of  the  application,  or  probable  cause  for  believing  that  they 
exist.     En.  February  14,  1872.     • 

Cal.  Eep.  Cit.  75,  372. 

Crim.  Prac.  Act,  sec.  646.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  1528.  When  to  issue  warrant.  If  the  magistrate  is 
thereupon  satisfied  of  the  existence  of  the  grounds  of  the 
application,  or  that  there  is  probable  cause  to  believe  their 
existence,  he  must  issue  a  search-warrant,  signed  by  him 
with  his  name  of  office,  to  a  peace  officer  in  his  county, 
commanding  him  forthwith  to  search  the  person  or  place 
named,  for  the  property  specified,  and  to  bring  it  before 
the  magistrate.     En.  Feljruary  14,  1872. 

Crim.  Prac.  Act,  sec.  647.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  1529.  Form  of  warrant.  The  warrant  must  be  in  sub- 
stantially the  following  form: 

County  of  . 

The   people   of   the   state   of  California   to   any   sheriff,   con- 
stable, marshal,  or  policeman  in  the  county  of  . 

Proof,  by  aflfidavit,  having  been  this  day  made  before 
me  by  [naming  every  person  whose  affidavit  has  been 
taken  J,  that  [stating  the  grounds  of  the  ai^plication,  ac- 
cording to  section  one  thousand  five  hundred  and  twenty- 
five,  or  if  the  affidavit  be  not  positive,  that  there  is  probable 
cause  for  believing  that— stating  the  ground  of  the  ap- 
plication in  the  same  manner],  you  are  therefore  com- 
manded, in  the  daytime,  [or  at  any  time  of  the  day  or 
night,  as  the  case  may  be,  according  to  section  one  thou- 
sand five  hundred  and  thirty-three],  to  make  immediate 
search    on     the     person    of   C    D    [or   in    the    house    situated 

,  describing  it  or  any  other  place  to  be  searched,  with 

reasonable  particularity,  as  the  case  may  be]  for  the  fol 
lowing  property:  [describing  it  with  reasonable  particu 
larityj ;  and  if  you  find  the  same  or  any  part  thereof,  to 
bring  it  forthwith  ])efore  me  at    [stating  the  i^lace]. 

Given  under  my  hand,  and  dated  this day ,  A.  D. 

eighteen  . 


§§  1530-1534  SEARCH-WARRANTS.  512 

E  F,  justice  of  the  peace  [or  as  the  case  may  be].  En. 
February  14,  1872. 

Cal.  Eep.  Cit.  68,  289. 

Crim.  Prac.  Act,  sec.  648.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  ]851,  212. 

§  1530.  By  whom  served.  A  search-warrant  may  in  all 
cases  be  served  by  anj'  of  the  officers  mentioned  in  its  di- 
rections, but  by  no  other  person,  except  in  aid  of  the  ofl&cer 
on  his  requiring  it,  he  being  present  and  acting  in  its  exe- 
cution.    En.  February  14,  1872. 

§  1531.  Officer  may  break  open  door,  etc.,  to  execute 
warrant.  The  officer  may  break  open  any  outer  or  inner 
door  or  window  of  a  house,  or  any  part  of  a  house,  or  any- 
thing therein,  to  execute  the  warrant,  if,  after  notice  of 
his  authority  and  purpose,  he  is  refused  admittance.  En. 
February  14,  1872. 

Crim.  Prac.  Act,  sec.  650.  En.  April  20,  1850.  Eep.  1851, 
290.     Eri.  1851,  212. 

§  1532.    May    break   open   door,   etc.,   to   liberate   person 

acting  in  his  aid.  He  may  break  open  any  outer  or  inner 
door  or  window  of  a  house,  for  the  purpose  of  liberating 
a  person  who,  having  entered  to  aid  him  in  the  execution 
of  the  warrant,  is  detained  therein,  or  when  necessary  for 
his  own  liberation.    En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  651.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1533.     When  warrant  may  be  served  in  the  night.     The 

magistrate  must  insert  a  direction  in  the  warrant  that  it 
be  served  in  the  daytime,  iinless  the  affidavits  are  positive 
that  the  property  is  on  the  person  or  in  the  place  to  be 
searched,  in  which  case  he  may  insert  a  direction  that  it 
be  served  at  any  time  of  the  day  or  night.  En.  February 
14,   1872. 

Crim.  Prac.  Act,  sec.  652.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1534.    Within    what   time    warrant    must    be   executed. 

A  search-warrant  must  be  executed  and  returned  to  the 
magistrate    who    issued   it   within   ten   days   after   its   date; 


523  SEARCH-WARRANTS.  §§  1535-15:i7 

after   the   expiration  of   this  time   the   warrant,   unless   exe- 
cuted, is  void.     En.   February   14,   1872. 

Crim.  Prac.  Act,  sec.  653.  En.  April  20,  1850.  Kep.  1851, 
290.     En.  1851,  212. 

§  1535.  Officer  to  give  receipt  for  property  taken.  When 
the  of3Eieer  takes  property  under  the  warrant,  he  must  give  a 
receipt  for  the  property  taken  (specifying  it  in  detail)  to 
the  person  from  whom  it  was  taken  by  him,  or  in  whose 
possession  it  was  found;  or,  in  the  absence  of  any  person,  he 
must  leave  it  in  the  place  where  he  found  the  property.  En. 
February  14,  1872. 

Crim.  Prac.  Act,  sec.  654.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1536.  Property,  how  disposed  of.  When  the  property 
is  delivered  to  the  magistrate,  he  must,  if  it  was  stolen 
or  embezzled,  or  if  it  was  taken  on  a  warrant  issued  on  the 
grounds  stated  in  the  fourth  subdivision  of  section  fifteen 
hundred  and  twenty-four  of  this  code,  dispose  of  it  as  pro- 
vided in  sections  fourteen  hundred  and  eight  and  fourteen 
hundred  and  thirteen,  inclusive.  If  it  was  taken  on  a 
warrant  issued  on  the  grounds  stated  in  the  second  und 
third  subdivisions  of  section  fifteen  hundred  and  twenty- 
four,  he  must  retain  it  in  his  possession,  subject  to  the 
order  of  the  court  to  which  he  is  required  to  return  the  pro- 
ceedings before  him,  or  of  any  other  court  in  which  the  of- 
fense in  respect  to  which  the  property  taken  is  triable. 
En.  February  14,  1872.     Am'd.  1903,  81. 

Cal.  Eep.  Cit.  68,  289;  75,  372. 

Crim.  Prac.  Act,  sec.  655.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1537.  Return  of  warrant  and  inventory  of  property 
taken.  The  officer  must  forthwith  return  the  warrant  to 
the  magistrate,  and  deliver  to  him  a  written  inventory  of 
the  property  taken,  made  publicly  or  in  the  presence 
of  the  person  from  whose  possession  it  was  taken,  and  of 
the  applicant  for  the  warrant,  if  they  are  present,  verified 
by  the  affidavit  of  the  officer  at  the  foot  of  the  inventory, 
and  taken  before  the  magistrate  at  the  time,  to  the  follow- 
ing effect:  "I,  E.  S.,  the  officer  by  whom  this  warrant 
was   executed,   do   swear  that   the   above  inventory   contains 


§§  1538-1540  SEARCH-WARRANTS.  524 

a  true  and  detailed  account  of  all  the  property  taken  by  me 
on  the  warrant."     En.  Feb.  14,  1872. 

Grim.  Prac.  Act,  sec.  656.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1538.     Copy    of   inventory,    to    whom     delivered.      The 

magistrate  must  thereupon,  if  required,  deliver  a  copy  of  the 
inventory  to  the  person  from  whose  possession  the  property 
was  taken,  and  to  the  applicant  for  the  warrant.  En.  Feb- 
ruary 14,  1872. 

Crim.  Prac.  Act,  see.  657.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1539.  Proceedings,  if  grounds  of  warrant  are  contro- 
verted. If  the  grounds  on  which  the  warrant  was  issued 
be  controverted,  he  must  proceed  to  take  testimony  in  re- 
lation thereto,  and  the  testimony  of  each  witness  must  be 
reduced  to  writing  and  authenticated  in  the  manner  pre- 
scribed in  section  eight  hundred  and  sixty-nine.  En.  Feb- 
ruary 14,  1872. 

Crim.  Prac.  Act,  sec.  658.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Crim.  Prac.  Act,  see.  659.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1540.  Property,  when  to  be  restored.  If  it  appears 
that  the  property  taken  is  not  the  same  as  that  described 
in  the  warrant,  or  that  there  is  no  probable  cause  for  be- 
lieving the  existence  of  the  grounds  on  which  the  warrant 
was  issued,  the  magistrate  must  cause  it  to  be  restored 
to  the  person  from  whom  it  was  taken.  En.  February  14, 
1872. 

Crim.  Prac.  Act,  sec.  660.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1541.  Depositions,  warrants,  etc.,  to  be  returned  to 
court.  The  magistrate  must  annex  the  depositions,  the 
search  warrant  and  return,  and  the  inventory,  and  if  he 
has  not  power  to  inquire  into  the  offense  in  respect  to  which 
the  warrant  was  issued,  he  must  at  once  file  it  and  such 
depositions  and  return  with  the  clerk  of  the  court  having 
power  to  so  inquire.  En.  February  14,  1872.  Am'd.  1905, 
709. 


325  FUGITIVES-   FROM    JUSTICE.  §§  1542,  1547 

The  amendment  consists  in  the  omission  of  the  word  "together," 
after  "annex":  m  the  omission  of  all  of  the  section  following  "in- 
ventory," and  in  the  substitution  therefor  of  a  provision  to  the 
effect  that  if  the  magistrate  has  not  power  to  inquire  into  the 
offense,  he  must  file  the  warrant  and  the  deposition  and  return  with 
the  clerk  of  the  court  having  power  to  so  inquire.— Code  Commis- 
sioner's  Note. 

Cal.  Eep.  Cit.   75,   372. 

Crim.  Prac.  Act,  sec.  661.     En.  April  20,  1850.     Eep.  1851, 
290.     En.  1851,  212. 

§  1542.     Search  of  defendant  in  presence  of  magistrate. 

When  a  person  charged  with  a  felony  is  supposed  by  the 
magistrate  before  whom  he  is  brought  to  have  on  his  person 
a  dangerous  weapon,  or  anything  which  may  be  used  as 
evidence  of  the  commission  of  the  offense,  the  magistrate- 
may  direct  him  to  be  searched  in  his  presence,  and  the 
weapon  or  other  thing  to  be  retained,  subject  to  his  order, 
or  to  the  order  of  the  court  in  which  the  defendant  may  be 
tried.     En.  February  14,   1872. 

Cal.  Eep.  Cit.  68,  288. 

Crim.  Prac.  Act,  sec.  664.     En.  April  20,  1850.     Eep.  1851, 
290.     En.  1851,  212. 


CHAPTEE  IV. 

PROCEEDINGS    AGAINST    FUGITIVES    FROM    JUSTICE. 

§  1547.  Rewards    for    the    apprehension    of    fugitives    from    justice. 

§  154S.  Fugitives    from    ar  other    state,    when    to   be   delivered    up. 

§  1549.  Magistrate    to    issue    warrant. 

§  1550.  Proceedings     for     the     arrest     and     commitment     of     the     person 

charged. 

§  1551.  When   and   for   what   time   to   be   committed. 

§  1552.  His    admission    to   bail. 

§  15.53.  Magistrate   must   notify   district   attorney   of   the   arrest. 

§  1554.  Duty   of   the   district   attorney. 

§  1555.  Person    arrested,    when   to    be   discharged. 

§  1556.  Magisti-ate   to   return   his  proceedings  to   superior  court. 

§  1557.  Fugitives    frrm   thi.'^,   state — accounts. 

§  1558.  No    fee    to   be   paid    to    public    officer    procuring   surrender. 

§  1547.  Rewards  for  the  apprehension  of  fugitives  from 
justice.  The  governor  may  offer  a  reward  not  exceeding 
one  thousand  dollars  (.$1000.)  payable  out  of  the  general 
fund,  for  the  apprehension — ■ 

1.  Of  any  convict  who  has  escaped  from  the  state's 
prison; 


§  1548  FUGITIVES    FROM    JUSTICE.  626 

2.  Of  any  person  who  has  committed,  or  is  charged  with 
the  commission  of  an  otfense  punishable  with  death; 

3.  For  the  arrest  of  each  person  engaged  in  the  robbery 
of,  or  any  attempt  to  rob  any  person  or  persons  upon  or 
having  in  charge  in  whole  or  in  part  any  stage  coach,  wagon, 
railroad  train  or  other  conveyance  engaged  at  the  time  in 
carrying  passengers  or  any  private  conveyance  within  this 
state. 

The  reward  to  be  paid  to  the  person  or  persons  making 
the  arrest,  immediately  upon  the  conviction  of  the  person 
or  persons  so  arrested.  An  act  entitled  an  act  imposing  cer- 
tain duties  upon  the  governor  of  the  state,  approved  April 
3,  1876,  is  hereby  repealed.  En.  February  14,  1872.  Am'd. 
1905,  223. 

Cal.  Ecp.  Cit.  120,  265. 

Act  relating  to  offer  of  rewards:  See  post,  Appendix,  title 
Governor. 

§  1548.  Fugitives  from  another  state,  when  to  be  deliv- 
ered up.  A  person  charged  in  any  state  of  the  United 
States  with  treason,  felony,  or  other  crime,  who  flees  from 
justice  and  is  found  in  this  state,  must,  on  demand  of  the 
executive  authority  of  the  state  from  which  he  fled,  be 
delivered  up  by  the  governor  of  this  state,  to  be  removed 
to  the  state  having  jurisdiction  of  the  crime.  En.  February 
14,  1872. 

Cal.  Eep.  Cit.  49,  434. 

Crim.  Prac.  Act,  sec.  665.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

Delivered,  to  whom. — Section  5278  of  the  Eevised  Stat- 
utes of  the  United  States  provides  that  after  the  demand, 
above  referred  to,  has  been  made  upon  the  executive  of  a 
state,  it  shall  be  his  duty  "to  cause  him,"  the  fugivtive, 
"to  be  arrested  and  secured,  and  to  cause  notice  of  the 
arrest  to  be  given  to  the  executive  authority  making  such 
demand,  or  to  the  agent  of  such  authority  appointed  to  re- 
ceive the  fugitive,  and  to  cause  the  fugitive  to  be  delivered 
to  such  agent  when  he  shall  appear." 

Evidence  of  the  charge. — The  evidence  required  that  a 
person  whose  delivery  is  demanded  has  been  charged  with 
the   commission   of   a   crime,   is   "a   copy   of   an   indictment 


B27  FUGITIVES    FROM    JUSTICE.  §§   1549,  1551 

found  or  an  affidavit  made  before  a  magistrate  of  any  state 
or  territory,  charging  the  person  with  having  committed" 
the  particular  crime  therein  set  forth.  This  copy  must 
be  "certified  as  authentic  by  the  governor,  or  other  chief 
magistrate,  of  the  state  or  territory  from  whence  the  per- 
son so  charged  has  fled":   U.  S.  Rev.  Stats.,  sec.  5C78. 

§  1549.  Magistrate  to  issue  warrant.  A  magistrate  may 
issue  a  warrant  for  the  apprehension  of  a  person  so  charged, 
who  flees  from  justice  and  is  found  in  this  state.  En.  Feb- 
ruary 14,   1872. 

Cal.  Rep.   Cit.  49,  434. 

Grim.  Prac.  Act,  sec.  666.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1550.  Proceedings  for  the  arrest  and  commitment  of 
the  person  charged.  The  proceedings  for  the  arrest  and 
commitment  of  a  person  charged  are,  in  all  respects,  sim- 
ilar to  those  provided  in  this  code  for  the  arrest  and  com- 
mitment of  a  person  charged  with  a  public  ottense  com- 
mitted in  this  state,  except  that  an  exemplified  copy  of 
an  indictment  found,  or  other  judicial  proceedings  had 
against  him,  in  the  state  in  which  he  is  charged  to  have 
committed  the  offense,  may  be  received  as  evidence  before 
the  magistrate.     En.  February  14,  1872. 

Cal.  Rep.  Cit.  49,  437. 

Crim.  Prac.  Act,  sec.  667.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 

§  1551.     When  and  for  what  time  to  be  committed.     If, 

from  the  examination,  it  appear  that  the  accused  has  com- 
mitted the  crime  alleged,  the  magistrate,  by  warrant  re- 
citing the  accusation,  must  commit  him  to  the  proper  custody 
in  his  county,  for  such  time,  to  be  specified  in  the  warrant, 
as  the  magistrate  may  deem  reasonable,  to  enable  the  ar- 
rest of  the  fugitive  under  the  warrant  of  the  executive  of 
this  state,  on  the  requisition  of  the  executive  authority  of 
the  state  in  which  he  committed  the  offense,  unless  he  gives 
bail  as  provided  in  the  next  section,  or  until  he  is  legally 
discharged.     En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  668.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  212. 


§§  1552rl556  FUGITIVES    FROM    JUSTICE.  528 

§  1552.  His  admission  to  bail.  The  magistrate  may 
admit  the  person  arrested  to  bail  by  an  undertaking  with 
sufficient  securities,  and  in  such  sum  as  he  deems  proper, 
for  his  appearance  before  him  at  a  time  specified  in  the 
undertaking,  and  for  his  surrender  to  arrest  upon  the  war- 
rant of«the  governor  of  this  state.     En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  669.  En.  April  20,  1850.  Kep.  1851, 
290.     En.  1851,  212. 

§  1553.  Magistrate  must  notify  district  attorney  of  the 
arrest.  Immediately  upon  the  arrest  of  the  person  charged, 
the  magistrate  must  give  notice  thereof  to  the  district  at- 
torney of  the  county.     En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  670.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1554.  Duty  of  the  district  attorney.  The  district  at- 
torney must  immediately  thereafter  give  notice  to  the 
executive  authority  of  the  state,  or  to  the  prosecuting  at- 
torney or  presiding  judge  of  the  court  of  the  city  or  county 
within  the  state  having  jurisdiction  of  the  offense,  to  the 
end  that  a  demand  may  be  made  for  the  arrest  and  sur- 
render of  the  person  charged.     En.  February   14,   1872. 

Crim.  Prac.  Act,  sec.  671.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1555.     Person    arrested,    when   to    be   discharged.      The 

person  arrested  must  be  discharged  from  custody  or  bail, 
unless,  before  the  expiration  of  the  time  designated  in  the 
warrant  or  undertaking,  he  is  arrested  under  the  warrant 
of  the  governor  of  this  state.     En.  February  14,  1872. 

Crim.  Prac.  Act,  sec.  672.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1556.  Magistrate  to  return  his  proceedings  to  superior 
court.  The  magistrate  must  return  his  proceedings  to  the 
superior  court  of  •  the  county,  which  must  thereupon  in- 
quire into  the  cause  of  the  arrest  and  detention  of  the 
person  charged,  and  if  he  is  in  custody,  or  the  time  of  his 
arrest  has  not  elapsed,  it  may  discharge  him  from  deten- 
tion, or  may  order  his  undertaking  of  bail  to  be  canceled, 
or  may  continue  his  detention  for  a  longer  time,  or  read- 
mit him  to  bail,  to  appear  and  surrender  himself  within  a 


529  SPECIAL,    CRIMINAL    PROCEEDINGS.  §§   1557-15C3 

time   specified  in   the  undertaking.     En.   February  14,   1872. 
Am'd.  1880,  35. 

Grim.  Prac.  Act,  sec.  673.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212. 

§  1557.  Fugitives  from  this  state — accounts.  When  the 
governor  of  this  state,  in  the  exercise  of  the  authority 
conferred  by  section  two,  article  IV,  of  the  constitution 
of  the  United  States,  or  by  the  laws  of  this  state,  demands 
from  the  executive  authority  of  any  state  of  the  United 
States,  or  of  any  foreign  government,  the  surrender  to  tlte 
authorities  of  this  state  of  a  fugitive  from  justice,  who 
has  been  found  and  arrested  in  such  state  or  foreign  gov- 
ernment, the  accounts  of  the  person  employed  by  him 
to  bring  back  such  fugitive  must  be  audited  by  the  board 
of  examiners,  and  paid  out  of  the  state  treasury.  En.  Feb- 
ruary 14,  1872. 

Grim.  Prac.  Act,  sec.  674.  En.  April  20,  1850.  Eep.  1851, 
290.     En.  1851,  212.     Am'd.  1854,  80. 

§  1558.  No  fee  to  be  paid  to  public  officer  procuring 
surrender.  No  compensation,  fee,  or  reward  of  any  kind 
can  be  paid  to  or  received  by  a  public  officer  of  this  state, 
or  other  person,  for  a  service  rendered  in  procuring  from 
the  governor  the  demand  mentioned  in  the  last  section, 
or  the  surrender  of  the  fugitive,  or  for  conveying  him 
to  this  state,  or  detaining  him  therein,  except  as  provided 
for  in  such  section.     En.  February  14,  1872. 


CHAPTER    V. 

MISCELLANEOUS       PROVIsT;ONS       RESPECTING      SPECIAL      PRO- 
CEEDINGS    OP     A     CRIMINAL.     NATURE. 

§  1502.     Partie.s    to    special    proceedings,    how    designated. 
§   1.'63.     Entitling    affidavits. 
§  ]iifi4.     Subpoenas. 

§  1562.     Parties   to   special   proceedings,   how  designated. 

The  yjarty  prosecuting  a  special  proceeding  of  a  criminal 
nature  is  designated  in  this  code  as  the  complainant,  and 
the  adverse  party  as  the  defendant.     En.  February  14,  1872. 

§  1563.     Entitling    affidavits.      The    provisions    of    section 
one  thousand  four   hundred  and  one,  in  respect  to   entitling 
Pen.  Code— 34 


§§  1564-1570  FINES    AND    FORFEITURES.  530 

affidavits,  are  applicable  to  such  proceedings.     En.  February 

14,  1872. 

§  1564.  Subpoenas.  The  courts  and  magistrates  before 
whom  such  proceedings  are  prosecuted,  may  issue  sub- 
poenas for  witnesses,  and  punish  their  disobedience  in  the 
same  manner  as  in  a  criminal  action.    En.  February  14,  1872. 


TITLE     XIIL 

PEOCEEDIXGS  FOR  BRINGING  PERSONS  IMPRI- 
SONED IN  THE  STATE  PRISON,  OR  THE  JAIL 
OF  ANOTHER  COUNTY^   BEFORE  A  COURT. 

§  1567.     Persons    imprisoned    in    another    county,    how    brought    before    a 

court. 

§  1567.  Persons  imprisoned  in  another  county,  how 
brought  before  a  court.  When  it  is  necessary  to  have  a 
person  imprisoned  in  the  state  prison  brought  before  any 
court,  or  a  person  imprisoned  in  a  county  jail  brought  be- 
fore a  court  sitting  in  another  county,  an  order  for  that 
purpose  may  be  made  by  the  court,  and  executed  by  the 
sheriff  of  the  county  where  it  is  made.  En.  February  14, 
1872. 

Cal.  Rep.  Cit.  82,  458;  82,  461;   82,  467;   82,  468;  92,  486; 
92,  491;  135,  342. 

Grim.  Prac.  Act,  sec.  683.  En.  April  20,  1850.  Rep.  1851, 
290.     En.  1851,  '212. 


TITLE     XIV. 

DISPOSITION   OF   FINES   AND   FORFEITURES. 

§  1570.    Fines    and    forfeitures,    how    disposed    of. 

§  1570.  Fines  and  forfeitures,  how  disposed  of.  AH  fines 
and  forfeitures  collected  in  any  court,  except  police  courts 
and  city  justices'  courts,  must  be  paid  to  the  county  treas- 
urer of  the  county  in  w^hich  the  court  is  held;  provided,  that 
all  forfeitures  and  fines  collected  in  any  court,  for  the  viola- 
tion of  any  city  or  town  ordinance  shall  be  paid  to  the  city 
or  town  treasurer  of  the  city  or  town  in  which  such  ordi- 
nance is  in  force;   and   further  provided,  that  all  fines  and 


631  FINES    AKD    FORFEITURES.  8  1578 

forfeitures  collected  in  iiJiy  police  court  or  city  justice's 
court  that  is  maintained;  and  the  salaries  of  the  officers 
thereof,  paid  by  the  citji',  shall  be  paid  to  the  city  treas- 
urer of  the  city  in  which  auch  court  is  located,  subject,  how- 
ever, to  the  provisions  of  Chapter  I  of  Title  XV  of  Part  I 
of  this  code.  En.  February  14,  1872.  Am'd.  1873-4,  454; 
1901,  88;  1905,  176. 

Disposition  of  fines.     S(!e  ante,  §  1457. 

Cal.  Kep.  Cit.     65,  478;  88,  411;   88,  412. 

Grim.  Prac.  Act,  sec.  679.    En.  April  20,  1850.     Rep.  1851, 
290.     En.  1851,  212. 

Cal.  Eep.  Cit.  45,  246. 


18 


PAET  III. 


THE   STATE   PRISON   AND    COUNTY   JAILS. 

(§§    1573-1615.) 

(533) 


TITLE    I    (New). 
OF   STATE   PRISONS. 

Section  1572.  Names   of   state    prisons. 

1573.  Directors,    how    appointed. 

1574.  Organization  of  board  of  directors. 

1575.  Quorum. 

1576.  Directors,    Duties    of. 

1577.  Wardens,  appointment  of. 

1578.  Wardens,   duties   of. 

1579.  Prisoners,    release   and    restoration    of,    to   citi- 

zenship. 

1580.  Clerks,    appointment  and    duties   of. 

1581.  Removal  of  wardens,  clerks,  etc. 

1582.  Wardens    and    clerks,    salaries    of. 

1583.  Contracts. 

1584.  Moneys    collected    by  wardens,    disposition    of. 

1585.  IVIoneys    collected    by  wardens,    receipts    to    be 

given    for. 

1586.  Convicts,   employment    of. 

1587.  Prisoners,  treatment  of. 

1588.  Prisoners,   credits  of. 

1589.  Prisoners,    United    States. 

1590.  Directors,    powers   of. 

1591.  Officers    and    employes,    not    to    receive    other 

compensation    than    that    allowed    by    direc- 
tors. 

1592.  Officers  and   employes,   not  to   make   gifts,  etc. 

1593.  Annual    reports. 

1594.  Bonds  of  officers  and  employes. 

1595.  Rebuilding   of    buildings    destroyed    by   fire. 

1596.  Reports. 

1573.  The  state  prisons  of  this  state  shall  be  known  as 
the  State  Prison  at  San  Quentin,  which  shall  have  an  official 
staff  conforming  to  the  laws  of  the  state  in  relation  to 
state  prisons;  and  the  State  Prison  at  Folsom,  which  shall 
have  a  similar  staff  and  be  similarly  organized,  and  all  the 
finances  and  accounts  of  the  two  prisons  shall  be  kept 
separate   and  apart  from   each   other. 

1573.  For  the  government  and  management  of  the  State 
prisons    there    shall    be    appointed    by    the    governor,    by    and 


under  the  advice  of  the  senate,  five  directors,  who  shall  hold 
their  office  for  the  term  of  ten  years,  from  and  after  the  date 
of  such  appointment;  such  appointments  to  Vje  made  as- 
vacancies  occur  in  the  board.  In  case  of  death  or  resignation, 
of  a  director  tils  successor  shall  be  appointed  to  fill  the  un- 
expired term  of  such  director  by  the  governor,  by  and  ■with 
the  advice  of  the  senate.  Each  director  shall  subscribe  an. 
oath  of  office,  which  shall  be  indorsed  on  his  commission, 
within  ten  days  after  receiving  written  notice  of  such  ap- 
pointment, and  a  duplicate  of  such  oath  shall  also  be  filed- 
with  the  secretary  of  state. 

~  1574.  The  board  of  directors  shall  annually  elect  one  of 
their  members  president  of  the  board,  whose  duty  it  shall  be 
to  preside  at  the  meeting  of  the  board  and  to  perform  such 
other  duties  as  may  from  time  to  time  be  prescribed  by  the- 
rules  and  regulations  for  the  government  of  the  board. 

1575.  Three  members  of  the  board  shall  constitute  a, 
quorum  for  the  transaction  of  all  business,  but  no  order  of 
the  board  shall  be  valid  unless  concurred  in  by  three  or  more 
members. 

1576.  It  shall  be  the  duty  of  the  directors  to  determine 
the  necessary  officers  and  employes  of  the  prisons  other  than 
those  of  the  wardens  and  clerks,  specifying  their  duties 
severally,  and  fixing  their  salaries;  to  prescribe  rules  and 
regulations  for  the  government  of  the  prisons,  and  to  revise 
and  change  the  same  from  time  to  time  as  circumstances 
may  require,  and  to  board  and  lodge  the  officers  and  em- 
ployes, or  allow  them  a  money  commutation  in  lieu  thereof; 
provided,  the  warden  may  make  temporary  rules,  in  cases  of 
emergency,  to  remain  in  force  until  the  succeeding  meeting 
of  the  board.  At  least  three  of  the  directors  shall  visit  the 
prisons  once  in  each  month,  and  oftener  if  necessary,  at  such 
time  as  they  may  select.  The  directors  shall  audit  all  claims 
for  supplies,  services,  and  expenses  of  officers  and  employes, 
and  all  other  demands  against  the  prison. 

Second — To  enter  or  cause  to  be  entered  on  their  journal 
by  the  clerks  all  official  acts  which  shall  be  signed  by  at 
least  three  members  of  the  board. 

Third — On  or  before  the  first  day  of  December  of  each  year 
to  report  to  the  governor  the  condition  of  the  prisons, 
together  witli  detailed  statements  of  receipts  and  expendi- 
tures, and  such  suggestions  concerning  the  prisoners  as  may 
appear  to  be  necessary  and  expedient. 

Fourth — The  board  of  directors  shall  also  adopt  rules  and 


) 

reg'ulations  not  inconsistent  with  the  Constitution  and  the 
laws  of  the  State  of  California  for  the  government  of  the 
liopvd,  and  may  change  the  same  at  their  pleasure. 

Fifth — The  board  of  directors  shall  have  power  to  estab- 
lish an  office  in  San  Francisco,  and  employ  a  secretary. 

1577.  The  board  of  directors  shall  appoint  a  warden  for 
■each  prison,  who  shall  take  and  subscribe  an  oath  or  affirma- 
tion faithfully  to  discharge  the  duties  of  his  office,  as  pre- 
scribed by  law  and  by  the  rules  and  regulations  of  the  board 
•of  directors,  and  to  enter  into  a  bond  to  the  State  of  Cali- 
fornia, in  the  sum  of  twenty-five  thousand  dollars,  witli  two 
■or  more  sufficient  sureties,  to  be  approved  by  the  directors 
and  the  attorney-general  of  the  state,  conditioned  to  the 
faithful  performance  of  such  duties  as  such  officer  aforesaid, 
and  he  shall  hold  his  office  four  years  after  such  appointment. 

1578.  The  wardens  shall  reside  at  the  state  prisons  to 
w'hich  they  are  respectfully  assigned  in  houses  provided  and 
furnished  at  the  expense  of  the  state,  as  may  be  ordered  by 
the  board  of  directors,  and  it  shall  be  their  duty: 

First — To  fill  all  subordinate  positions  that  may  be  created 
by  order  of  the  board  of  directors  by  appointment  of  suitable 
persons  thereto. 

Second — Under  the  order  and  direction  of  the  board  to 
prosecute  all  suits  at  law  or  in  equity  that  may  be  necessary 
to  protect  the  rights  of  the  state  in  matters  or  property 
connected  with  the  prisons  and  their  management,  such  suits 
to  be  prosecuted  in  the  name  of  the  board  of  state  prison 
directors. 

Third— -To  supervise  the  government,  discipline,  and  police 
of  the  prisons,  and  to  enforce  all  orders  and  regulations  of 
the  board  in  respect  to  such  prisons.  A  registry  of  convicts 
shall  be  kept  by  them  respectively,  in  which  shall  be  entered 
the  name  of  each  convict,  the  crime  of  which  .he  is  convicted, 
the  period  of  his  sentence,  from  what  county  sentenced,  by 
what  court  sentenced,  his  nativity,  to  what  degree  educated, 
at  what  institution  and  under  what  system,  an  accurate 
description  of  his  person,  and  whether  he  has  been  previously 
confined  in  a  state  prison  in  this  or  any  other  state,  and  if  so, 
when  and  how  he  was  discharged. 

Fourth — To  report  to  the  governor  before  the  twentieth 
of  each  month  the  names  of  all  prisoners  whose  terms  are 
about  to  expire,  giving  in  such  report  the  terms  of  their  sen- 
tences, the  date  of  imprisonment,  the  amount  of  total  credits 

3 


to  the  date  of  such  report,   and  the  date  when  their  service, 
would  expire  by  limitation  of  sentence. 

Fifth — To  perform  such  other  duties  as  may  be  prescribed' 
by   the  board  of  directors. 

1579.  The  governor,  at  the  expiration  of  the  term  for 
which  any  prisoner  has  been  sentenced,  less  the  number  of 
days  allowed  and  credited  to  him,  must  order  the  release  of 
such  prisoner,  by  an  order  under  his  hand,  addressed  to  the 
warden  of  the  prison  in  which  he  has  been  confined,  in  such 
mode  and  form  as  he  may  deem  proper,  and  with  or  without 
restoration  to  citizenship,  according  to  his  discretion,  and  if 
he  order  the  release  of  such  prisoner  without  restoration  to 
citizenship,  he  may  at  any  time  thereafter,  in  his  discretion, 
make  a  further  order  restoring  to  citizenship  the  prisoner  so 
released. 

1580.  The  board  of  directors  shall  appoint  a  clerk  for 
each  prison,  who  shall  take  an  oath  of  office  and  enter  into 
a  bond  to  the  state,  with  sureties  satisfactory  to  the  board, 
in  the  sum  of  ten  thousand  dollars,  conditioned  that  they 
will  faithfully  discharge  the  duties  requi-red  of  them.  The 
clerks  shall  hold  their  office  for  the  period  of  four  years  after 
such  appointments.  The  clerks  shall  keep  the  accounts  of  the 
prisons  to  which  they  are  severally  appointed,  in  such  manner 
as  to  exhibit  clearly  all  its  financial  transactions;  and  the 
clerks  shall  perform  such  other  duties  as  may  from  time  to 
time  be  required  of  them  by  the  board  of  directors. 

1581.  No  person  shall  be  appointed  to  any  office  by  the 
wardens  or  be  employed  in  the  prisons  on  behalf  of  the  state 
who  is  a  contractor  or  agent,  or  who  is  interested  directly  or 
indirectly  in  any  business  carried  on  therein;  and  no  male 
person  who  is  not  a  qualified  elector  of  the  State  of  California 
shall  be  appointed  by  the  wardens  to  any  office  in  or  about 
the  prisons,  nor  shall  any  be  appointed  or  employed  by  virtue 
of  this  title,  who  is  in  the  habit  of  intemperate  use  of  liquors, 
and  a  single  act  of  intemperance  shall  justify  his  discharge 
or  removal,  and  it  shall  be  the  duty  of  such  warden  to  dis- 
charge such  person.  Wardens  and  clerks  may  be  removect 
by  the  board  of  directors  at  any  time  for  misconduct,  incom- 
petency, or  neglect  of  duty;  and  all  other  officers  and  em- 
ployes may  be  removed  at  any  time  at  the  pleasure  of  the 
wardens. 

1582.  The  wardens  shall  receive  a  salary  of  not  less  than 
twenty-four  hundred  dollars,  and  not  to  exceed  three  thou- 
sand  dollars,    per   annum,   in   the   discretion   of  the  board  tf 


\ 


directors.  The  clerkg  shall  receive  a  salary  not  to  exceed 
eighteen  hundred  dollars  per  annum,  and  all  other  officers  and 
employes  shall  receive  such  compensation  as  the  directors 
may  deem  just  and  equitable  in  each  case. 

1583.  The  board  of  directors  are  hereby  authorized  and 
required  to  contract  for  provisions,  clothing,  medicines, 
forage,  fuel,  and  all  other  staple  supplies  needed  for  the 
support  of  the  prisons  for  any  period  of  time,  not  exceeding 
one  year,  and  such  contracts  shall  bo  limited  to  bona  fide 
dealers  in  the  several  classes  of  articles  contracted  for.  Con- 
tracts for  such  articles  as  the  board  may  desire  to  contract 
for,  shall  be  given  to  the  lowest  bidder  at  a  public  letting 
thereof,  if  the  price  bid  is  a  fair  and  reasonable  one,  and'  not 
greater  than  the  usual  market  value  and  prices.  Each  bid 
shall  be  accompanied  by  such  security  as  the  board  may 
require,  conditional  upon  the  bidder  entering  into  a  contract 
upon  the  terms  of  his  bid,  on  notice  of  the  acceptance  thereof, 
and  furnishing  a  penal  bond  with  good  and  sufficient  sureties 
in  such  sum  as  the  board  may  require,  and  to  their  satis- 
faction that  he  will  faithfully  perform  his  contract.  If  the 
proper  officer  of  the  prison  reject  any  article,  as  not  comply- 
ing with  the  contract,  or  if  a  bidder  fall  to  furnish  the 
articles  awarded  to  him  when  required,  the  proper  officer  of 
tlie  prison  may  buy  other  articles  of  the  kind  rejected  or 
called  for,  in  the  open  market,  and  deduct  the  price  thereof, 
over  the  contract  price,  from  the  amount  due  to  the  bidder, 
or  charge  the  same  up  against  him.  Notice  of  the  time, 
place,  and  conditions  of  the  letting  of  contracts  shall  be  given 
for  at  least  two  consecutive  weeks  in  two  newspapers  printed 
and  published  in  the  city  and  county  of  San  Francisco,  and  in 
one  newspaper  printed  and  published  in  the  city  of  Sacra- 
mento, and  in  the  county  where  the  prison  to  be  supplied  is 
situated.  If  all  the  bids  made  at  such  letting  are  deemed  un- 
reasonably high,  the  board  rnay,  in  their  discretion,  decline 
to  contract  and  may  again  advertise  for  such  time  and  in 
such  papers  as  they  see  proper  for  proposals,  and  may  so 
continue  to  renew  the  advertisement  until  satisfactory  con- 
tracts are  made;  and  in  the  meantime  the  board  may  contract 
vith  any  one  whose  offer  is  regarded 'as  just  and  equitable, 
or  may  purchase  in  the  open  market.  No  bid  shall  be 
accepted,  nor  a  contract  entered  into  in  pursuance  thereof, 
when  such  bid  is  higher  than  any  other  bid  at  the  same 
letting  for  the  same  class  or  schedule  of  articles,  quality 
considered,  and  when  a  contract  can  be  had  at  such  lower 


bid.  When  two  or  more  bids  for  the  same  article  or  articles 
are  equal  in  amount,  the  board  may  select  the  one  which,  all 
things  considered,  may  by  them  be  thought  best  for  the 
interest  of  the  state,  or  they  may  divide  the  contract  between 
the  bidders,  as  in  their  judgment  may  seem  proper  and  right. 
The  board  shall  have  power  to  let  a  contract  in  the  aggregate 
or  they  may  segregate  the  items,  and  enter  into  a  contract 
with  the  bidder  or  bidders  who  may  bid  lowest  on  the  several 
articles.  The  board  shall  have  the  power  to  reject  the  bid  of 
any  person  who  had  a  prior  contract,  and  who  had  not,  in  the 
opinion   of   the   board,    faithfully  complied  therewith. 

1584.  All  moneys  received  or  collected  by  the  warden 
of  San  Quentin  prison  shall  be  reported  to  the  state  con- 
troller on  the  first  day  of  each  and  every  month  in  such  form 
as  the  controller  may  require,  and  at  the  same  time  shall  be 
paid  into  the  general  fund  of  the  state  treasury  on  the  order 
of  the  controller,  except  so  much  thereof  as  shall  be  necessary 
to  be  paid  into  the  jute  revolving  fund  as  required  by  the 
provisions  of  an  act  of  the  legislature  approved  March  9th, 
1885,  and  amended  March  16th,  1889,  and  of  any  other  act 
amendatory  thereof  or  supplementary  thereto.  All  moneys 
received  or  collected  by  the  warden  of  Folsom  prison  shall  be 
reported  to  the  state  controller  on  the  first  day  of  each  and 
every  month  in  such  form  as  the  controller  may  require  and 
at  the  same  time  shall  be  paid  into  the  state  treasury  to  the 
credit  of  the  Folsom  state  prison  fund,  excepting  so  much 
thereof  as  may  be  necessary  to  pay  the  expenses  and  money 
allowed  discharged  prisoners  under  the  provisions  of  this  title. 
The  wardens  shall  require  vouchers  for  all  moneys  by  them 
expended  and  safely  keep  the  same  on  file  in  their  respective 
offices  at  the  prisons.  For  all  sums  of  money  required  to  be 
paid  other  than  for  the  uses  above  named,  as  well  as  for 
said  uses  when  there  is  not  sufficient  money  in  the  hands  of 
the  warden,  drafts  shall  be  drawn  on  the  controller  of  state, 
signed  by  at  least  three  of  the  directors,  and  the  controller 
of  state  shall  draw  his  warrant  on  the  state  treasurer  who 
shall  pay  the  same  out  of  any  moneys  belonging  to  the  state 
prison  fund  or  appropriated  for  the  use  or  support  of  the  state 
prisons.  The  amount  of  all  money  retained  by  the  wardens 
and  the  aggregate  amount  paid  out  shall  be  reported  quarterly 
to  the  controller  of  state  and  the  proper  entries  shall  be  made 
on  the  controller's  books. 

1585.  All  revenues  of  the  prisons,  unless  in  this  title 
otherwise  provided,  shall  be  paid  to  the  wardens,  who  alone 

6 


are  authorized  to  receipt  for  the  same  and  discharge  from 
liability.  When  any  sum  of  money  is  paid  to  the  wardens, 
who  alone  are  authorized  to  receipt  for  the  same  and  dis- 
charge from  liability.  They  shall  cause  the  same  to  be 
properly  entered  on  the  books  by  the  clerks.  On  payment  of 
any  moneys  into  the  state  treasury,  as  provided  in  this  title, 
the  wardens  and  state  treasurer  shall  report  to  the  controller 
of  state  the  aniount  so  paid,  and  the  state  treasurer  shall 
give  the  wardens  a  receipt  therefor,  which  receipt  shall  be 
filed  with  the  controller.  The  wardens  shall  report  to  the 
controller  of  state  the  amount  of  money  paid  into  said 
treasury  by  them  during  each  month,  and  shall  also  report 
to  said  controller  of  state  the  amounts  received  and  disbursed 
by  them  every  three  months,  and  during  the  period  for 
which  such  report  shall  be  made,  which  quarterly  report  shall 
be  signed  by  the  warden  and  at  least  three  of  the  directors. 

1586.  All  convicts  may  be  employed  by  authority  of 
the  board  of  directors,  under  charge  of  the  wardens  respec- 
tively and  such  skilled  foremen  as  he  may  deem  necessary  in 
the  performance  of  work  for  the  state,  or  in  the  manufacture 
of  any  article  or  articles  for  the  state,  or  the  manufacture  of 
which  is  sanctioned  by  law.  At  San  Quentin  no  articles 
shall  be  manufactured  for  sale  except  jute  fabrics.  At  Fol- 
som  after  the  completion  of  the  dam  and  canal  the  board 
may  commence  the  erection  of  structures  for  jute  manufac- 
turing purposes.  The  board  of  directors  are  hereby  author- 
ized to  purchase  from  time  to  time  such  tools,  machinery, 
and  materials,  and  to  direct  the  employment  of  such  skilled 
foremen  as  may  be  necessary  to  carry  out  the  provisions  of 
this  section,  and  to  dispose  of  the  articles  manufactured,  and 
not  needed  by  the  state,  for  cash,  at  private  sale,  in  such 
manner  as  provided  by  law. 

1587.  In  the  treatment  of  the  prisoners  the  following 
general  rules  shall  be  observed: 

First — Each  convict  shall  be  provided  with  a  bed  of  straw 
or  other  suitable  material,  and  sufficient  covering  of  blankets, 
and  shall  be  supplied  with  garments  of  coarse,  substantial 
material,  of  distinctive  manufacture,  and  with  sufficient  plain 
and  wholesome  food  of  such  variety  as  may  be  most  conducive 
to  good  health. 

Second — No  punishment  shall  be  inflicted  except  by  the 
order  and  under  the  direction  of  the  wardens. 

Third — The  warden  shall  keep  a  correct  account  of  all 
money   and    valuables   upon    the   prisoner   when    delivered   at 


the  prison,  and  shall  pay  the  amount,  or  the  proceeds  thereof, 
or  return  the  same  to  the  convict  when  discharged,  or  to  his 
legal  representative  in  case  of  his  death;  and  in  the  case  ol 
the  death  of  such  convict  without  being  released,  if  no  legal 
representative  shall  demand  such  property  within  five  years, 
the  same  shall  be  paid  into  the  state  prison  fund. 

Fourth— The  rules  and  regulations  prescribing  the  dutie; 
and  obligations  of  the  prisoners  shall  be  printed  and  hung 
up  in  each  cell  and  shop. 

Fifth — Each  convict,   when  he  leaves   the  prison,   shall  b( 
supplied  with  the  money  taken  from  him  when -he   entered 
and   which   he   has   not   disposed   of,    together  with  any   su 
which   may  have  been   earned  by  him   for  his   own   account, 
allowed  to  him  by  the  state  for  good  conduct  or  diligent  labor, 
or  may  have  been  presented  to  him  from  any  source;  and,  in 
case   the   prisoner   has   not  funds   sufficient   for  present  pur- 
poses, he  shall  be  furnished  with  five  dollars  in  money,  a  sui 
of   clothes,    costing   not   more    than    ten    dollars,    and   by   thi 
cheapest    route    to    the    place    where    sentenced    from,    if    th< 
prisoner  desires  to  return  there,  or  to  any  other  place  of  thi 
same   cost;   and  he   shall   be   entitled,    if   he   so  -elect,    to   im- 
munity from  having  his  hair  cut,  or  from  being  shaved,   foi 
three  calendar  months  immediately  prior  to  his  discharge.     Ii 
shall  not'  be  lawful  for  the  officers  of  the  prison  to  furnish 
or  permit   to  be   furi;iished,    to  any  one,    for   publication,    th< 
name    of   any  prisoner  about    to   be   discharged.     When     th< 
warden,  and  such  other  officers  as  may  be  designated  by  the7~ 
directors  to  act  with  him  in  such  cases,   shall  be  of  opinion 
that  any  convict  is  insane,  they  shall  make  proper  examina- 
tion,  and  if  they  remain  of  the  opinion  that  such  person   is| 
insane,  the  warden  shall  certify  the  fact  to  the  superintendent ' 
of  one  of  the  state  asylums  for  the  insane,  and  shall  forth- 
with send  such  convict  to  said  asylum  for  care  and  treatment,' 
If  at  the  expiration  of  the  term  of  sentence  the  insane  convict 
is  still  in  the  insane  asylum,   he  shall  be  allowed  to  remain 
there   until    discharged    cured.     It   shall   be    the   duty   of   the, 
warden,  also,  to  send  to  the  directors  a  copy  of  such  certi-;! 
ficate,  and  thereafter  a  statement  as  to  his  subsequent  acts 
regarding  the  said  insane  convict.     And  it  shall  be  the  duty* 
of  the  superintendent  of  the  insane  asylum  to  receive   such"* 
insane    convict   and   keep    him   until    cured.      It   shall   be   hi3; 
duty,    upon    receipt    of    such    insane    convict,    to    notify    the 
directors  of  the  fact,  giving  name,  date,  and  where  from,  and^j 
from   whose    hands    received.     When,    in    the   opinion   of   tha>' 

S  I 


superintendent,  such  insane  convict  is  cured  of  insanity,  It 
shall  be  his  duty  to  immediately  notify  the  directors  thereof; 
and  it  shall  be  his  duty  also  to  notify  the  warden  of  the 
prison  from  whence  he  was  received,  who  shall  immediately 
send  for,  take,  and  receive  the  said  convict  back  into  the 
prison,  the  time  passed  at  the  asylum  counting  as  part  of 
such  convict's  sentence.  Before  discharging  any  convict  who 
may  be  insane  at  the  time  of  the  expiration  of  his  sentence, 
the  warden  shall  first  give  notice,  in  writing,  to  a  judge  of 
the  superior  court  of  the  county  in  which  the  state  prison 
may  be  located,  over  which  he  has  control,  of  the  fact  of 
such  insanity;  whereupon  said  court  shall  forthwith  make  an 
order,  and  deliver  the  same  to  the  sheriff  of  said  county, 
commanding  him  to  remove  such  insane  convict  and  take 
him  before  said  court.  Upon  the  receipt  of  such  order,  it 
shall  be  the  duty  of  said  sheriff,  to  whom  it  is  directed,  to 
execute,  and  return  the  same  fortliwith  to  the  court  by  whom 
it  was  issued,  and  thereupon  the  said  court  shall  cause 
proper  examination  to  be  made  by  medical  experts,  and  if  it 
shall*  satisfactorily  appear  that  such  convict  is  insane,  said 
court  shall  order  him  to  be  confined  in  one  of  the  insane 
asylums.  The  sheriff  shall  receive  the  same  compensation 
as  for  transferring  a  prisoner  to  the  state  prison,  and  to  be 
paid  in  the  same  manner.  If  any  judge,  after  having  been 
notified  by  the  warden,  shall  neglect  to  cause  such  order  to 
be  made,  as  herein  provided,  or  any  such  sheriff  shall  neglect 
to  remove  such  insane  convict,  as  required  by  the  provisions 
of- this  section,  it  shall  be  the  duty  of  the  warden  to  cause 
such  insane  convict  to  be  removed  before  a  superior  court 
of  a  county  in  which  the  state  prison  is  located,  in  charge 
of  an  officer  of  the  prison,  or  other  suitable  person,  for  the 
purpose  of  examination;  and  the  cost  of  such  removal  shall 
be  paid  out  of  the  state  treasury,  in  the  same  manner  as 
when   removed  by  the   sheriff,    as   in   this   title   provided. 

1588.  The  state  board  of  prison  directors  shall  require^ 
of  every  able-bodied  convict  confined  in  a  state  prison  as 
many  hours  of  faithful  labor  in  each  and  every  day  during 
his  term  of  imprisonment  as  shall  be  prescribed  by  the  rules 
and  regulations  of  the  prison.  Every  convict  who  shall  have 
no  infraction  of  the  rules  and  regulations  of  the  prison,  or 
laws  of  the  state,  recorded  against  him,  and  who  performs  in 
a  faithful,  orderly,  and  peaceable  manner  the  duties  assigned 
to  him,  shall  be  allowed  from  his  term,  instead  and  lieu  of  the 
credits  heretofore  allov/ed  by  law,  a  deduction  of  two  montlis. 


in  each  of  the  first  two  years,  four  months  in  each  of  the 
next  two  years,  and  five  months  in  each  of  the  remaining 
years  of  s^aid  term,  and  pro  rata  for  any  part  of  a  year,  where 
the  sentence  is  for  or  more  or  less  than  a  year.  The  mode  of 
recltoning-  credits  shall  be  as  shown  in  the  following:  table: 

I      Good      I                                               I       Tinit*  to  be  SerM-d 
No.  of  Years        Time                 Total  Good             ;             if  Full  Time 
of  Seuteuce.   |  Granted.  !  Time    Made.  | is  Made. 

First  year. .  . .  ]2  moaths.  2  months 10  months 

Second  year. .  2  months.  4  months 1  year  and  S  months 

Third    year.  .  .4  mouths.  S  mouths 2  years  aiid  4  months 

Tourth  year. .  4  mouths.  1  year 3  years 

Fifth    year. ..  5  months.   1  year  and  5  months 3  years  and  7  months 

Sixth  year.  ...  |5  mouths,  il  year  and  10  months 4  years  and  2  months 

Seventh  year.  5  months.  2  years  and  3  months 4  years  and  9  months 

Eighth  year.  .  .3  months.  J2  years  and  S  months 5  years  and  4  months 

Ninth  year. .  .  .5  months.  3  years  and  1  montli 5  years  and  11  months 

Tenth   year.  ..|.5  months.  13  years  and  6  months 6  years  and  5  months 

and  so  on,  through  as  many  years  as  may  be  the  term  of 
the  sentence.  Each  convict  shall  be  held  entitled  to  these 
deductions,  unless  the  board  of  directors  shall  find  that  for 
misconduct  or  other  cause  he  should  not  receive  them.  But 
if  any  convict  shall  commit  any  assault  upon  his  keeper,  or 
any  foreman,  officer,  convict,  or  person,  or  otherwise  endanger 
life,  or  shall  be  guilty  of  any  flagrant  disregard  of  the  rules 
of  the  prison,  or  commit  any  misdemeanor,  or  in  any  manner 
violate  any  of  the  rules  and  regulations  of  the  prison,  he  shall 
forfeit  all  deductions  of  time  earned  by  him  for  good  conduct 
before  the  commission  of  such  offense,  or  that,  under  this 
section,  he  inay  earn  in  the  future,  or  shall  forfeit  such  part 
of  such  deductions  as  to  the  board  of  directors  may  seem  just; 
such  forfeiture,  however,  shall  be  made  only  by  the  board  of 
directors  after  due  proof  of  the  offense  and  notice  to  the 
offender;  nor  shall  any  forfeiture  be  imposed  when  a  party 
has  violated  any  rule  or  rules  without  violence  or  evil  intent, 
of  which  the  directors  shall  be  the  sole  judges.  The  board 
shall  have  power  to  restore  credits  forfeited,  for  such  reasons 
as  by  them  may  seem  proper. 

1589.  All  criminals  sentenced  to  the  state  prisons  by  the 
authority  of  the  United  States  shall  be  received  and  kept 
according  to  the  sentence  of  the  court  by  which  they  were 
tried,  and  the  prisoners  so  confined  shall  be  subject  in  all 
respects  and  discipline  and  treatment  as  though  committed 
imder  the  laws  of  this  state.  The  wardens  are  hereby  author- 
ized to  charge  and  receive  from  the  United  States,  for  the 
use  of  the  state,  an  amount  sufficient  for  the  support  of  each 

10 


prisoner,  the  cost  of  all  clothing  that  may  be  furnished,  and 
one  dollar  per  month  for  the  use  of  the  prisoner.  No  other 
or  further  charge  shall  be  made  by  'any  officer  for  or  on 
account   of  such  prisoners. 

1590.  The  board  of  directors  shall  have  power  to  con- 
tract for  the  supply  of  gas  and  water  for  said  prisons,  upon 
such  terms  as  said  board  shall  deem  to  be  for  the  best  in- 
terests of  the  state,  qx  to  manufacture  gas,"'  or  furnish  water 
themselves,  at  their  option.  They  shall  also  have  power  to 
erect  and  construct,  or  cause  to  be  erected  and  constructed, 
electrical  apparatus  or  other  illuminating  works  in  their  dis- 
cretion with  or  without  contracting  therefor,  on  such  terms 
as  they  may  deem  just.  The  board  shall  have  full  power  ta 
erect  any  building  or  structure  deemed  necessary  by  them^ 
or  to  alter  or  improve  the  same,  and  to  pay  for  the  same  from, 
the  fund  appropriated  for  the  use  or  support  of  the  prisons, 
or  from  the  earnings  thereof,  without  advertising  or  con- 
tracting therefor;  provided,  that  no  building  or  structure,  the 
cost  of  which  will  exceed  five  thousand  dollars,  shall  be 
erected  or  constructed  without  first  obtaining  the  consent  of 
the  governor,  secretary,  and  treasurer  of  the  state,  or  a 
majority  thereof.  The  board  shall  have  power  to  give  for 
meritorious  service  to  any  convict  discharged,  or  about  to  be 
discharged,  a  sum  in  addition  to  that  already  allowed,  not 
exceeding   ten  dollars. 

1591.  No  officer  or  employes  shall  receive,  directly  or  in^ 
directly,  any  compen.sation  for  his  services  other  than  that 
prescribed  by  the  directors;  nor  shall  he  receive  any  com- 
pensation whatever,  directly  or  indirectly,  for  any  act  or 
service  which  he  may  do  or  perform  for  or  on  behalf  of  any 
contractor,  or  agent,  or  employe  of  a  contractor.  For  any 
violation  of  the  provisions  of  this  section  the  officer,  agent, 
or  employe  of  the  state  shall  be  discharged  from  his  office 
or  service;  and  every  conti'actor,  or  employe,  or  agent  of  a 
contractor  engaged  therein,  shall  be  expelled  from  the  prison 
ground!?,  arid  not  again  permitted  within  the  same  as  a  con- 
tractor,  agent,   or  employe. 

1593.  No  officer  or  employe  of  the  state,  or  contractor, 
■or  employe  of  a  contractor,  shall,  without  permission  of  the 
board  of  directors,  make  any  gift  or  present  to  a  convict,  or 
receive  any  from  a  convict,  or  have  any  barter  or  dealings 
with  a  prisoner.  For  every  violation  of  the  provisions  of 
this  section,  the  party  engaged  therein  shall  incur  the  same 
penalty  as  prescribed   in   section   one   thousand   five   hundred 

11 


and  ninety-one  of  this  code.  No  officer  or  employe  of  the 
prison  shall  be  interested,  directly  or  indirectly,  in  any  con- 
tract or  purchase  made  or  authorized  to  be  made  by  any  one 
for  or  on  behalf  of  the  prisons. 

1593.  There  shall  be  printed  annually  for  the  use  of  the 
prisons  five  hundred  copies  of  the  annual  report  of  the  board 
of  directors,  and  the  clerk  shall  annually  transmit  to  each  of 
Ihe  state  prisons  in  the  United  States  one  copy  of  such  report. 

1594.  All  the  bonds  of  officers  and  employes  under  this 
title  shall  be  deposited  with  the  secretary  of  state. 

1595.  If  any  of  the  shops  or  buildings  in  which  convicts 
are  employed  are  destroyed  in  any  way,  or  injured  by  fire  or 
'Otherwise,  they  may  be  rebuilt  or  repaired  immediately,  under 
the  direction  of  the  board  of  directors,  by  and  with  the  advice 
and  consent  of  the  governor,  attorney-general,  and  secretary 

•of  state,  and  the  expenses  thereof  paid  out  of  any  funds  in 
Ihe  state  treasury  not  otherwise  appropriated  by  law. 

1596.  The  board  of  directors  must  report  to  the  governor 
■from  time  to  time  the  names  of  any  and  all  persons  confined 
:in  the  state  prisons  who,  in  their  judgment,  ought  to  be  par- 
(doned  out  and  set  at  liberty  on  account  of  good  conduct,  or 
unusual  term  of  sentence,  or  any  other  cause,  which,  in  their 
opinion,  should  entitle  the  prisoner  to  pardon. 

Sec.  2.  Nothing  in  this  act  contained  shall  be  construed 
to  shorten  or  extend  the  term  of  office  of  any  person  holding 
office  or  employment  at  the  time  this  act  goes  into  effect 
under  the  provisions  of  an  act  entitled,  "An  act  to  regulate 
and  govern  the  state  prisons  of  California,"  approved  March 
19,  1889,  or  the  acts  amendatory  thereof  or  supplementary 
thereto.  (This  title  In  effect  60  days  from  and  after  March 
18,  1907.) 


12 


TITLE  I. 

OF  THE  STATE  PRISON  AND  THE  DISCHAEGE  OF 
PRISONERS  THEREFROM  BEFORE  THEIR  TERM 
OF  SERVICE   EXPIRES. 

Chapter  I.     Of  the  State  Prison,  §§  1573-1588. 

11.     Of  the   Discharge   of  Prisoners  Before   the   Ex- 
piration   of    their    Term    of    Service,    §§    1590- 
1595. 


CHAPTER   I. 

OF   THE    STATE    PRISON. 

§  1573.     Under    the    charge    and    control    of    a    board    of    directors.     (Re- 

I^ealed.) 
§  l.')74.     President    i^ro    teni.    of    senate,    when    to    act    as    director.     (Re- 
pealed.) 
§  1.575.     Compensation    of    directors.     (Repealed.) 
§  1576.     Board   must   adopt   rules   and   regulations.     (Repealed.) 
§  1.577.     Board    may    appoint    warden    and    other    officers.     (Repealed.) 
§  157S.     Duties    of    clerk    and    other    officers.     (Repealed.) 
§  1579.     Monthly    reports   of   officers.     (Repealed.) 

§  1580.     Board    must    keep    accounts    and    report    to    the    governor.     (Re- 
pealed.) 
§  1581.     Persons    convicted    of    offenses    against    the    United    States.     (Ro- 

pealed.) 
§  1.582.    DisiJosition    of    insane    prisoners.     (Repealed.) 
§  1583.     State    prison    fund      (Repealed.) 
§  1584.     State    prison    fund,     how    disbursed.     (Repealed.) 
§J585.     Board  cannot  contract  debts.     (Repealed.) 
§1586.     Compensation    for    transportation    of    convicts.     (Repealed.) 
§  1587.     Contract    to    be    given    at    public    letting.     (Repealed.) 
§  1588.     Prohibiting    employment    of    convict    labor    on    cut-stone    work. 
(Repealed.) 

§  1573.    Under  the  charge  and  control  of  a  hoard  of  direc 
tors.     En.  February  14,  1872.     Rep.  1905,  645. 

1573  to  15S8;  1590  to  1595  The  above-named  sections,  which  comprise 
Title  I  of  Part  III  of  the  Penal  Code,  with  the  exception  of  the 
last  sentence  of  section  1593,  have  been  completely  superseded  by 
the  Constitution  of  1879  and  the  general  statutes  in  pursuance  there- 
of. The  portion  of  section  1593  whicn  is  still  in  force  has  been  in- 
corporated into  a  bill  to  amend  the  statute  of  1889,  page  404,  con- 
cerning the  state  prisons,  so  that  it  will  be  preserved,  notwithstand- 
ing the  repeal  of  these  superseded  and  therefore  useless  provisions. 
—Code   Commissioner's  Note. 

Cal.  Rep.  Cit.  103,  225. 

(535) 


§§  1574'- 1581  STATE    PRISON.  5i5B 

State  prisons,  acts  relating  to:  See  post,  Appendix,  title 
State  Prisons. 

School  of  industry  at  lone,  acts  relating  to:  See  post,  Ap- 
pendix, title  School  of  Industry. 

School  of  reform  at  "Whittier,  acts  relating  to:  See  post, 
Appendix,   title   School  of  Eeform. 

§  1574.  President  pro  tern,  of  senate,  when  to  act  as  di- 
rector.    En.  February  14,  1872.     Eep.  1905,  645. 

See  note  to  §  1573,  ante. 

§  1575.     Compensation    of    directors.      En.    February    14, 
1872.     Eep.   1905,  645. 
See  note  to  §  1573,  ante. 

§  1576.     Board    must    adopt    rules    and    regulations.      En. 

February  14,  1872.     Eep.  1905,  645. 
See  note  to  §  1573,  ante. 

§  1577.     Board   may   appoint   warden    and    other    officers. 
En.  February  14,   1872.     Eep.   1905,  645. 
See  note  to  §  1573,  ante. 

§  1578.     Duties  of  clerk  and  other  officers.     En.  February 
14,  1872.     Eep.  1905,  645. 
See  note  to  §  1573,  ante. 

§  1579.     Monthly   reports    of    officers.      En.    February    14, 
1872.     Eep.  1905,  645. 
See  note  to  §  1573,  ante. 

§  1580.     Board  must  keep   accounts   and  reports     to  the 
governor.    En.  February  14,  1872.    Eep.  1905,  645. 
See  note  to  §  1573,  ante.. 

§  1581.     Persons  convicted  of  offenses  against  the  United 
States.     En.  February  14,   1872.     Eep.   1905,  645. 
See  note  to  §  1573,  ante. 


i3T  STATE    PRISON.  §§  1582-15^8 

§  1582.     Disposition  of  insane  prisoners.    En.  February  14, 
1872.     Eep.  1905,  645. 

See  note  to  §  1573,  ante. 

§  1583.     State  prison  fund.     En.  February  14,  1872.     Eep. 
1905,   645. 

See  note  to  §  1573,  ante. 

§  1584.     State  prison  fund,  how  disbursed.     En.  February 
147  1872.     Eep.  1905,  645. 
See  note  to  §  1573,  ante. 

§  1585.     Board  cannot  contract  debts.     En.  February   14, 
1872.     Eep.   1905,   645. 
See  note  to   §   1573,  ante. 

§  1586.     Compensation     for     transportation    of     convicts. 
En.  February   14,   1872.     Am'd.   1880,   31.     Eep.   1905,   645. 
See  note  to  §  1573,  ante. 
Cal.  Eep.  Cit.  50,  119;  77,  595. 

Compensation   of   sheriffs   conveying   prisoners   or   insane: 
See  post.   Appendix,   title   Sheriffs. 

§  1587.     Contract    to    be     given    at     public     letting.     En. 

Stats.    1873-4,   467.     Eep.    1905,   645. 

§  1588.     i'rohibiting  employment  of  convict  labor  on  cut- 
stone  work.     En.   Stats.   1901,   272.     Eep.    1905,    645. 
See  note  to   §   1573,  ante. 


§§  1590-1595  DISCHARGE   OF  PRISONERS. 


CHAPTEE   II. 

OF     THE     DISCHARGE     OF     PRISONERS     BEFORE     THE     EXPIRA- 
TION   OF    THEIR    TERM    OF    SERVICE. 

§  1590.  Credits   for   goovl   behavior,   how  and  when   allowed.     (Repealed.) 

§  1591.  Credits,    when    forfeited.     (Repealed.) 

§  1592.  Board   to   make   rules   and    regulations.     (Repealed.) 

§  1593.  Board,    when   to   report   credits   to   governor.     (Repealed.) 

§  1594.  Further   powers    of   the   board.     (Repealed.) 

§  1595.  Recommendations     for     pardon     reported     to     legislature.     (Re- 
pealed.) 

§  1590.     Credits  for  good  behavior,  how  and  when  allowed. 

Ed.  February  14,  1872.     Am'd.  1877-8,  124.     Eep.  1905,  645. 
See  note  to  §  1573,  ante. 
Cal.  Eep.  Cit.  76,  516;   145,  187;   145,    188. 

§  1591.  Credits,  when  forfeited.  En.  February  14,  1872. 
Eep.  1905,  645. 

See  note  to  §  1573,  ante. 

§  1592.     Board  to  make  rules  and  regulations.     En.  Feb- 
ruary 14,  1872.  Eep.  1905,  645. 
See  note  to  §  1573,  ante. 

§  1593.    Board,     when    to     report     credits    to     governor. 

En.  February  14,   1872.     Eep.   19U5,   645. 
See  note  to  §  1573,  ante. 

§  1594.     Further  powers  of  the  board.     En.  February  14, 
1872.     Eep.  1905,  645. 
See  note  to  §  1573,  ante. 

§  1595.  Recommendations  for  pardon  reported  to  legis- 
lature.    En.  February  14,  1872.     Eep.  1905,  645. 

See  note  to  §  1573,  ante. 

Acts  relating  to  state  prisons:  See  post,  Appendix,  title 
State  Prisons. 


539  COUNTY     JAIL.  §  1597 

School  of  industry,  acts  relating  to:   See  post,  Appendix, 
title  School  of  Industry. 

School   of   reform,   acts   relating   to:    See   post,   Appendix, 
title  School  of  Eeform. 


TITLE  II. 

OF   COUNTY   JAILS. 

§   1597.  County   jails,    by   whom   kept   and   for   what   used. 

§  1598.  Rooms    required    in    county   jail. 

§  1599.  Prisoners     to     be     classified. 

§  1600.  Prisoners    committed    must    be    actually    confined.  ' 

§  1601.  Sheriff    to    receive    prisoners   committed   by   courts. 

§  1602.  Sheriff  answerable   for  safe-keeping  of  such  prisoners. 

§  1603.  When  jail  of  a  contigvious  county  may  be  used. 

§  1604.  Keeper    of   jail    in    contiguous   county    to    receive    prisoners. 

§  1605.  "When  jail   in   contiguous  county   is   not  to  be  used. 

§  1606.  Prisoners  to  be  returned  to  proper  county. 

§  1607.  Prisoners   may    be   removed   in   case   of   fire. 

§  160S.  Prisoners   may    be   removed    in   case   of  pestilence. 

§  1609.  Papers  served   on  jailer   for  prisoner. 

§  1610.  Guard   for  jail. 

§  1611.  Sheriff   to  receive  all  persons   duly   committed. 

§  1612.  Prisoners  on   civil   process,    when   not   to  be   received. 

§  1613.  Prisoners   may  be   required   to   labor. 

§  1614.  Rules   and   regulations   for   the  performance   of   labor. 

§  1615.  Hair-cutting    for    sanitary    purposes. 

§  1597.     County  jails,  by  whom  kept  and  for  what  used. 

The  common  jails  in  the  several  counties  of  this  state  are 
kept  by  the  sheriffs  of  the  counties  in  which  they  are  re- 
spectively situated,  and  are  used  as  follows: 

1.  For  the  detention  of  persons  committed  in  order  to  se- 
cure their  attendance  as  witnesses  in  criminal  cases; 

2.  For  the   detention   of   persons   charged   with   crime   and 
committed  for  trial; 

3.  For  the  confinement  of  persons  committed  for  contempt, 
or  upon  civil  process,  or  by  other  authority  of  law; 

4.  For  the  confinement  of  persons  sentenced  to  imprison- 


§§  1598-1600  COTJNTT  JAILS.  MO 

ment  therein  upon  a  conviction  for  crime.  En.  February  14, 
1872. 

Cal.  Eep.  Cit.  78,  306. 

Acts  relating  to  house  of  correction:  See  post,  Appen- 
dix, title  House  of  Correction. 

School  of  Industry  at  lone,  a"ts  relating  to:  See  post. 
Appendix,  title  School  of  Industry. 

School  of  reform  at  Whittier,  acts  relating  to:  See  post. 
Appendix,  title  School  of  Reform. 

§  1598.  Rooms  required  in  county  jails.  Each  county 
jail  must  contain  a  sufficient  number  of  rooms  to  allow  all 
persons  belonging  to  either  one  of  the  following  classes  to 
be  confined  separately  and  distinctly  from  persons  belong- 
ing to  either  of  the  other  classes: 

1.  Persons  committed  on  criminal  process  and  detained  for 
trial; 

2.  Persons  already  convicted  of  crime  and  held  under  sen- 
tence; 

3.  Persons  detained  as  witnesses  or  held  under  civil  pro- 
cess, or  under  an  order  imposing  punishment  for  a  contempt; 

4.  Males  separately  from  females.     En.  February  14,  1872. 
Males  and  females  to  be  separated:   See  next  section. 

§  1599.  Prisoners  to  be  classified.  Persons  committed  on 
criminal  process  and  detained  for  trial,  persons  convicted  and 
under  sentence,  and  persons  committed  upon  civil  process, 
must  not  be  kept  or  put  in  the  same  room,  nor  shall  male 
and  female  prisoners  (except  husband  and  wife)  be  kept  or 
put  in  the  same  room.     En.  February  14,  1872. 

§  1600.   Prisoners  committed  must  be  actually  confined.    A 

prisoner  committed  to  the  county  jail  for  trial  or  for  exam- 
ination, or  upon  conviction  for  a  public  oflfense,  must  be  actu- 
ally confined  in  the  jail  until  he  is  legally  discharged;   and 


541  COUNTY   JAILS.  §§  1601-1604 

§  1601.  Sheriff  to  receive  prisoners  committed  by  courts. 
The  sherifif  must  receive,  and  keep  in  the  county  jail,  any 
prisoner  committed  thereto  by  process  or  order  issued  under 
the  authority  of  the  United  States,  until  he  is  discharged 
according  to  law,  as  if  he  had  been  committed  under  pro- 
cess issued  under  the  authority  of  this  state;  provision  be- 
ing made  by  the  United  States  for  the  support  of  sneh  pris- 
oner.    En.  February  ]4,  1872. 

Cal.  Rei>.  Cit.  92,  442. 

§  1602.  Sheriff  answerable  for  safe-keeping  of  such  pris- 
oners. \  sheriff,  to  whose  custody  a  prisoner  is  committed, 
as  provi.led  in  the  last  section,  is  answerable  for  his  safe- 
keeping ill  the  courts  of  the  United  States,  according  to  the 
laws  thereof.     En.  February  14,  1872. 

§  1603.     When  jail  in  contiguous    county    may    be    used. 

When  there  is  no  jail  in  the  county,  or  when  the  jail  be- 
comes unfit  or  unsafe  for  the  confinement  of  prisoners,  the 
judge  of  the  superior  court  may,  by  a  written  order  filed  with 
the  county  clerk,  designate  the  jail  of  a  contiguous  county 
for  the  confinement  of  the  prisoners  of  his  county,  or  of  any 
of  them,  and  may  at  any  time  modify  or  vacate  such  order. 
En.  February  14,  1872.     Am'd.  190.5,  709. 

The  change  consists  in  the  substitution  of  the  words  "judge  of  the 
supciior  court"  in  placo  of  "county  judge,"  and  in  the  substitution 
of    the    word    "oj-der"    for    "appointment."— Code    Commissioner's    iNote. 

§  1604.  Keeper  of  jail  in  contiguous  county  to  receive 
prisoners.  A  copy  of  the  appointment,  certGe.i  by  [he 
county  clerk,  must  be  served  on  the  sheriff  or  keeper  of  the 
jail  designated,  who  must  receive  into  his  jail  all  prisoners 
authorized  to  be  confined  therein,  pursuant  to  the  last  sec- 
tion, and  who  is  responsible  for  the  safe-keeping  of  the  per- 
sons so  committed  in  the  same  manner  and  to  the  same  ex- 
tent as  if  he  was  sheriff  of  the  county  for  whose  use  his  jail 
is  designated,  and  with  respect  to  the  persons  so  committed 
he  is  deemed  the  sheriff  of  the  county  from  which  they  were 
removed.     En.  February  14,  1872, 


§§  16O5-160S  COUNTY    JAILS.  542 

if  he  is  permitted  to  go  at  large  out  of  the  jail,  except  by 
virtue  of  a  legal  order  or  process,  it  is  an  escape.  En.  Feb- 
ruary 14,  1872. 

Cal.  Eep.  Cit.  97,  242. 

§  1605.  When  jail  in  contiguous  county  is  not  to  be  used. 
When  a  jail  is  erected  in  a  county  for  the  use  of  which  the 
designation  was  made,  or  its  jail  is  rendered  fit  and  safe  for 
the  confinement  of  prisoners,  the  judge  of  the  superior  court 
of  that  county  must,  by  written  revocation,  file  with  the 
county  clerk  thereof,  declare  that  the  necessity  for  the  des- 
ignation has  ceased,  and  that  it  is  revoked.  En.  February 
14,   1872.     Am'd.   1905,   710. 

The    change    consists    in    the    substitution    of    the    words    "judge    of    the 
superior   court"    for    "county   judge." — Code   Commissioner's   Note. 

§  1606.     Prisoners  to  be  returned  to  proper  county.    The 

county  clerk  must  immediately  serve  a  copy  of  the  revoca- 
tion upon  the  sheriff  of  the  county,  who  must  thereupon 
remove  the  prisoners  to  the  jail  of  the  county  from  which 
the  removal  was  had.     En.  February  14,  1872. 

§  1607.  Prisoners  may  be  removed  in  case  of  fire.  When 
a  county  jail  or  a  building  contiguous  to  it  is  on  fire,  and 
there  is  reason  to  apprehend  that  the  prisoners  may  be  in- 
jured or  endangered,  the  sheriff  or  jailer  must  remove  them 
to  a  safe  and  convenient  place,  and  there  confine  them  as 
long  as  it  may  be  necessary  to  avoid  the  danger.  En.  Feb- 
ruary 14,  1872. 

§  1608.  Prisoners  may  removed  in  case  of  pestilence. 
"^v'hen  a  pestilence  or  contagious  disease  breaks  out  in  or  near 
a  jail,  and  the  physician  the  eof  certifies  that  it  is  liable  to 
endanger  the  health  of  the  prisoners,  the  county  judge  may, 
by  a  written  appointment,  designate  a  safe  and  convenient 
place  in  the  county,  or  the  jail  in  a  contiguous  county,  as 
the  place  of  their  confinement.  The  appointment  must  be 
filed  in  the  office  of  the  county  clerk,  and  authorize  the  sher- 


543  COUNTY    JAILS.  §§  1609-1612 

iff  to  remove  the  prisoners  to  the  place  or  jail  designated, 
and  there  confine  them  until  they  can  be  safely  returned  to 
the  jail  from  which  they  were  taken.     En.  February  14,  1872. 

§  1609.  Papers  served  on  jailer  for  prisoner.  A  sheriff 
or  jailer  upon  whom  a  paper  in  a  judicial  proceeding,  directed 
to  a  prisoner  in  his  cuotody,  is  served,  must  forthwith  de- 
liver it  to  the  prisoner,  with  a  note  thereon  of  the  time  of 
its  service.  For  a  neglect  to  do  so  he  is  liable  to  the  pris- 
oner for  all  damages  occasioned  thereby.  En.  February  14, 
1872. 

§  1610.  Guard  for  jail.  The  sheriff,  when  necessary,  may, 
with  the  assent  in  writing  of  the  county  judge,  or  in  a  city, 
of  the  mayor  thereof,  employ  a  temporary  guard  for  the  pro- 
tection of  the  county  jail,  er  for  the  safe-keeping  of  prison- 
ers, the  expenses  of  which  are  a  county  charge.  En.  Feb- 
ruary 14,  1872. 

§  1611.  Sheriff  to  receive  all  persons  duly  committed. 
The  sheriff  must  receive  all  persons  committed  to  jail  by 
competent  authority,  and  provide  them  with  necessary  food, 
clothing  and  bedding,  for  which  he  shall  be  allowed  a  rea- 
sonable compensation,  to  be  determined  by  the  board  of  su- 
pervisors, and,  except  as  provided  in  the  next  section,  to  be 
paid  out  of  the  county  treasury.     En.  February  14,  1872. 

Cal.  Eep.  Cit.  67,  335;   102,  430. 

§  1612.  Prisoners  on  civil  process,  when  not  to  be  re- 
ceived. Whenever  a  person  Is  committed  upon  process  in  a 
civil  action  or  proceeding,  except  when  the  people  of  this 
state  are  a  party  thereto,  the  sheriff  is  not  bound  to  receive 
such  person,  unless  security  is  given  on  the  part  of  the 
party  at  whose  instance  the  process  is  issued,  by"  a  deposit 
of  money  to  meet  the  expenses  for  him  of  necessary  food, 
clothing  and  bedding,  or  to  detain  such  person  any  longer 
than  these  expenses  are  provided  for.  This  section  does 
not  apply  to  eases  where  a  party  is  committed  as  a  punish- 


§§  1613-1615  COUNTY    JAILS.  544 

ment    for    disobedience    to    the    mandates,    process,    writs    or 
orders  of  court.     En.  February   14,  1872. 

Prisoners  under  civil  and  criminal  process  to  be  kept  sep- 
arate:    See  ante,  sec.  1599. 

§  1613.  Prisoners  may  be  required  to  labor.  Persons 
confined  in  the  county  jail  under  a  judgment  of  imprison- 
ment rendered  in  a  criminal  action  or  proceeding,  may  be 
required  by  an  order  of  the  board  of  supervisors  to  perform 
labor  on  the  public  works  or  ways  in  the  county.  En.  Feb- 
ruary 14,  1872. 

Cal.   Eep.  Cit.  97,  243. 

§  1614.  Rules  and  regulations  for  the  performance  of 
labor.  The  board  of  supervisors  making  such  order  may  pre- 
scribe and  enforce  the  rules  and  regulations  under  which 
such  labor  is  to  be  performed;  and  provide  clothing  of  such 
a  distinctive  character  for  said  prisoners  as  such  board,  in 
its  discretion,  may  deem  pi'oper.  For  ea.ch  month  in  which 
the  prisoner  appears,  by  the  record,  to  have  given  a  cheerful 
and  willing  obedience  to  the  rules  and  regulations,  and  that 
his  conduct  is  reported  by  the  officer  in  charge  of  the  jail 
to  be  positively  good,  five  days  shall,  with  the  consent  of  the 
board  of  supervisors,  be  deducted  from  his  term  of  sentence. 
En.  February  14,  1872.     Am  'd.  1893,  298. 

Cal.  Rep.  Cit.  97,'  243. 

§  1615.  Hair-cutting  for  sanitary  purposes.  Whenever  the 
board  of  health  of  any  city  or  county,  or  the  board  of  super- 
visors of  any  county,  or  the  county  physician  of  any  county 
of  this  state,  presents,  or  causes  to  be  presented  to  the  sher- 
iff, or  other  officer  having  charge  of  any  county  jail  or  prison 
in  any  county  or  city,  iu  this  state,  a  certificate,  or  order, 
in  writing,  to  the  effect  that  it  is  by  them,  or  him,  considered 
necessary  for  the  purpose  of  protecting  the  public  health, 
or  to  prevent  the  introduction  or  spreading  of  disease,  or  to 
protect  or  improve  the  health  of  criminals  under  sentence, 


545  COUNTY    JAILS.  §  1615 

that  the  hair  of  any  criminal  or  criminals  be  cut,  such  sheriff, 
or  other  officer,  must  cut,  or  cause  to  be  cut,  the  hair  of  any 
such  person  or  persons  in  his  charge  convicted  of  a  misde- 
meanor and  sentenced  to  a  longer  term  of  imprisonment  than 
fifteen  days,  to  a  uniform  length  of  one  and  one-half  inches 
from  the  scalp  of  such  person  or  persons  so  imprisoned.  En. 
Stats.  1905,  710. 

This   section   is   a  codification   of   section   1   of   the   statute   of  18S3,    page 
2S0,    to   protect   the   public   health.— Code   Commissioner's   Note. 
Pen.  Code— 35 


APPENDIX. 


ADULTEEATION. 

Butter   and   cheese:   See   post,   title   Butter. 

Oleomargarine:   See  post,   title  Oleomargarine, 

Olive  oil:  See  post,  title  Olive  Oil. 

An  act  to  punish  and  prohibit  the  sale  of  adulterated  syrup. 
[Approved  and  in  effect  March  29,  1878.  Stats.  1877-8,  p. 
695.] 

Section  1.  Any  person  who  shall  knowingly  sell,  or  keep, 
or  offer  for  sale,  or  otherwise  dispose  of  any  syrup,  or  golden 
drips  syrup,  silver  drips  syrup,  or  molasses,  containing  mu- 
riatic or  sulphuric  acids,  or  glucose,  or  adulterated  with  any 
other  substance  to  improve  the  color  thereof,  shall  be  guilty 
of  a  misdemeanor. 

Sec.  2.  Any  person  violating  the  provisions  of  section 
one  of  this  act  shall  be  punished,  and  imprisoned  in  the 
county  jail  of  the  county  in  which  the  offense  is  committed^ 
for  a  period  not  exceeding  six  months  or  by  a  fine  not  ex- 
ceeding five  hundred  dollars,  or  both. 

An  act  to  prohibit  the  sophistication  and  adulteration  of 
wine,  and  to  prevent  fraud  in  the  manufacture  and  sale 
thereof. 

[Approved  March   7,   1887;     1887,  46.     In   effect  in   ninety 

days.] 

Section  1.  For  the  purposes  of  this  act,  pure  wine  shall 
be  defined  as  follows:  The  juice  of  grapes  fermented,  pre- 
served, or  fortified  for  use  as  a  beverage,  or  as  a  medicine,  by 

(551) 


552  APPJINDIX. 

methods  recognized  as  legitimate  according  to  the  provisions 
of  this"  act;  unfermented  grape-juice,  containing  no  addition 
of  distilled  spirits,  may  be  denominated  according  to  popular 
custom  and  demand  as  wine  only  when  described  as  "unfer- 
mented wine, ' '  and  shall  be  deemed  pure  only  when  pre- 
served for  use  as  a  beverage  or  medicine,  in  accordance  with 
the  provisions  of  this  act.  Pure  grape-must  shall  be  deemed 
to  be  the  juice  of  grapes,  only  in  its  natural  condition, 
whether  expressed  or  mingled  with  the  pure  skins,  seeds,  or 
stems  of  grapes.  Piire  condensed  grape-must  shall  be  deemed 
to  be  pure  grape-must  from  w^hich  water  has  been  extracted 
by  evaporation,  for  purposes  of  preservation  or  increase  of 
saccharine  strength.  Dry  wine  is  that  produced  by  com- 
plete fermentation  of  saccharine  contained  in  must.  Sweet 
wine  is  that  which  contains  more  or  less  saccharine  appre- 
ciable to  the  taste.  Fortified  wine  is  that  wine  to  which  dis- 
tilled spirits  have  been  added  to  increase  alcoholic  strength, 
for  purposes  of  preservation  only,  and  shall  be  held  to  be  pure 
when  the  spirits  so  used  are  the  product  of  the  grape  only. 
Pure  champagne,  or  sparkling  wine,  is  that  which  contains 
carbonie  acid  gas  or  effervescence  produced  only  by  natural 
fermentation  of  saccharine  matter  of  must,  or  partially  fer- 
mented wine  in  bottle. 

Sec.  2.  In  the  fermentation,  preservation,  and  fortifica- 
tion of  pure  wine,  it  shall  be  specifically  understood  that  no 
materials  shall  be  used  intended  as  substitutes  for  grapes, 
or  any  part  of  grapes;  nor  coloring  matters  shall  be  added 
which  are  not  the  pure  product  of  grapes  during  fermen- 
tation, or  by  extraction  from  grapes  with  the  aid  of  pure 
grape  spirits;  no  foreign  fruit  juices,  and  no  spirits  im- 
ported from  foreign  countries  whether  pure  or  compounded 
with  fruit  juices  or  other  material  not  the  pure  product  of 
grapes,  shall  be  used  for  any  purpose;  no  aniline,  dyes, 
salicylic  acid,  glycerine,  alum,  or  other  chemical  antiseptics 
or  ingredients  recognized  as  deleterious  to  the  health  of 
.  consumers,   or    as    injurious    to    the     reputation    of   wine    as 


ADULTERATION.  .  &53 

pure,  shall  be  permitted;  and  no  distilled  spirits  shall  be 
added  except  for  the  sole  purpose  of  preservation,  and 
without  the  intention  of  enabling  trade  to  lengthen  the 
volume  of  fortified  dry  wine  by  the  addition  of  water, 
or  other  wine   weaker  in   alcoholic   strength. 

Sec.  3.  In  the  fermentation  and  preservation  of  pure 
wine,  and  during  the  operations  of  fining,  or  clarifying,  re- 
moving defects,  improving  qualities,  blending  and  maturing, 
no  methods  shall  be  employed  which  essentially  conflict  with 
the  provisions  of  the  preceding  sections  of  this  act,  and 
no  materials  shall  be  used  for  the  promotion  of  fermenta- 
tion, or  the  assistance  of  any  of  the  operations  of  wine 
treatment,  which  are  injurious  to  the  consumer  or  the  rep- 
utation of  wine  as  pure;  provided,  that  it  shall  be  ex- 
pressly understood  that  the  practices  of  using  pure  tannin 
in  small  quantities,  leaven  to  excite  fermentation  only,  and 
not  to  increase  the  material  for  the  production  of  alcohol; 
water  before  or  during,  but  not  after,  fermentation,  for  the 
purpose  of  decreasing  the  saccharine  strength  of  musts  to 
enable  perfect  fermentation;  and  the  natural  products  of 
grapes  in  the  pure  forms  as  they  exist  in  pure  grape-musts, 
skins,  and  seeds;  sulphur  fumes  to  disinfect  cooperage  and 
prevent  disease  in  wine;  and  pure  gelatinous  and  albuminous 
substances,  for  the  sole  purpose  of  assisting  fining,  or  clar- 
ification, shall  be  specifically  permitted  in  the  operations 
hereinbefore  mentioned,  in  accordance  with  recognized  legit- 
imate custom. 

Sec.  4.  it  shall  be  unlawful  to  sell,  or  expose,  or  offer  to 
sell,  under  the  name  of  wine,  or  grape-musts,  or  condensed 
musts  or  under  any  names  designating  pure  wines  or  pure 
musts,  as  hereinbefore  classified  and  defined,  or  branded, 
labeled,  or  designated  in  any  way  as  wine  or  musts,  or  by 
any  name  popularly  and  commercially  used  as  a  designation 
of  wine  produced  from  grapes,  such  as  claret,  burgundy, 
hock,  saiiterne,  port,  sherry,  madeira,  and  angelica,  any  sub- 
stance or   comjwund,   except   pure   wine,   or  pure   grape-must 


554  APPENDIX. 

or  pure  grape  condensed  must,  as  defined  by  this  act,  and 
produced  in  accordance  with  and  subject  to  restrictions 
herein  set  forth;  provided,  that  this  act  shall  not  apply  to 
liquors  imported  from  any  foreign  country,  which  are  taxed 
upon  entry  by  custom  laws  in  accordance  with  a  specific 
duty,  and  contained  in  original  packages  or  vessels,  and 
prominently  branded,  labeled,  or  marked,  so  as  to  be  known 
to  all  persons  as  foreign  products,  excepting,  however,  when 
such  liquor  shall  contain  adulterations  of  artificial  coloring 
matters,  antiseptic  chemicals,  or  other  ingredients  known  to 
be  deleterious  to  the  health  of  consumers;  and  provided, 
further,  that  this  act  shall  not  apply  to  currant  wine,  goose- 
berry wine,  or  wines  made  from  other  fruits  than  the  grape, 
which  are  labeled  or  branded  and  designated,  and  sold,  or 
offered  or  exposed  for  sale,  under  names,  including  the  word 
wine,  but  also  expressing  distinctly  the  fruit  from  which 
they  are  made,  as  gooseberry  wine,  elderberry  wine,  or  the 
like.  Any  violation  of  any  of  the  provisions  of  any  of  the 
preceding  sections  shall  be  a  misdemeanor. 

Sec.  5.  Exceptions  from  the  provisions  of  this  act  shall 
be  made  in  the  case  of  pure  champagne,  or  sparkling  wine, 
so  far  as  to  permit  the  use  of  crystallized  sugar  in  sweet- 
ening the  same  according  to  usual  customs,  but  in  no  other 
respect. 

Sec.  6.  In  all  sales  and  contracts  for  sale,  production, 
or  delivery  of  products  defined  in  this  act,  such  products,  in 
the  absence  of  a  written  agreement  to  the  contrary,  shall  be 
presumed  to  be  pure,  as  herein  defined,  and  such  sale  or  con- 
tracts shall,  in  the  absence  of  such  an  agreement,  be  void, 
if  it  be  established  that  the  products  so  sold  or  contracted 
for  were  not  pure  as  herein  defined;  and  in  such  case  the  con- 
cealment of  the  true  character  of  such  products  shall  con- 
stitute actual  fraud  for  which  damages  may  be  recoveired, 
and  in  a  judgment  for  damages,  reasonable  attorney  fees, 
to  be  fixed  by  the  court,  shall  be  taxed  as  costs. 


ADULTERATION.  555 

Sec.  7.  The  controller  of  the  state  shall  cause  to  have 
engraved  plates,  from  which  shall  be  printed  labels,  which 
shall  set  forth  that  the  wine  covered  by  such  labels  is  pure 
California  wine,  in  accordance  with  this  act,  and  leaving 
blanks  for  the  name  of  the  particular  kind  of  wine  and  the 
name  or  names  of  the  seller  of  the  wine  and  place  of  busi- 
ness. These  labels  shall  be  of  two  forms  or  shapes,  one  a 
narrow  strip  to  cap  over  the  corks  of  bottles,  the  other  a 
round  or  square  and  sufficiently  large,  say  three  inches 
square,  to  cover  the  bungs  of  packages  in  which  wine  is  sold. 
Such  labels  shall  be  furnished  upon  proper  application  to 
actual  residents,  and  to  be  used  in  this  state  only,  and  only 
to  those  who  are  known  to  be  growers,  manufactures,  traders, 
or  handlers,  or  bottlers  of  California  wine;  and  such  par- 
ties will  be  required  to  file  a  sworn  statement  with  said  con- 
troller, setting  forth  that  his  or  their  written  application 
for  such  labels  is  and  will  be  for  his  or  their  sole  use  and 
benefit,  and  that  he  or  they  will  not  give,  sell,  or  loan  such 
labels  to  any  other  person  or  persons  whomsoever.  Such  la- 
bels shall  be  paid  for  at  the  same  rate*  and  price  as  shall  be 
found  to  be  the  actual  cost  price  to  the  state,  and  shall  be 
supplied  from  time  to  time  as  needed,  upon  the  written  ap- 
plication of  such  parties  as  are  before  mentioned.  Such 
label,  when  affixed  to  bottle  or  wine  package,  shall  be  so 
affixed  that  by  drawing  the  cork  from  bottle  or  opening  the 
bung  of  package,  such  label  shall  be  destroyed  by  such 
opening;  and  before  affixing  such  labels,  all  blanks  shall  be 
filled  out,  by  stating  the  variety  or  kind  of  wine  that  is  c<jA- 
tained  in  such  bottle  or  package,  and  also  by  the  name  or 
names  and  postoffice  address  of  such  grower,  manufacturer, 
trader,  handler,  or  bottler  of  such  wine. 

Sec.  8.  It  is  desired  and  required  that  all  and  every 
grower,  manufacturer,  trader,  handler,  or  bottler  of  Cali- 
fornia wine,  when  selling  or  putting  up  for  sale  any  Cali- 
fornia wine,  or  when  shipping  California  wine  to  parties  to 
whom     sold,    shall     plainly   stencil,    brand,   or   have    printed 


556  APPENDIX. 

where  it  will  be  easily  seen,  first,  "Pure  California  wine," 
and  secondly  his  name,  or  the  firm's  name,  as  the  case  may 
be,  both  on  label  of  bottle  or  package  in  which  wine  is  sold 
and  sent;  or  he  may,  in  lieu  thereof,  if  he  so  prefers  and 
elects,  affix  the  label  which  has  been  provided  for  in  sec- 
tion seven.  It  shall  be  unlawful  to  affix  any  such  stamp  or 
label  as  above  provided  to  any  vessel  containing  any  sub- 
stance other  than  pure  wine  as  herein  defined,  or  to  prepare, 
or  to  use  on  any  vessel  containing  any  liquid,  any  imitation 
or  counterfeit  of  such  stamp,  or  any  paper  in  the  similitude 
or  resemblance  thereof,  or  any  paper  of  such  form  and  ap- 
pearance as  to  be  calculated  to  mislead  or  deceive  any  un- 
wary person,  or  cause  him  to  suppose  the  contents  of  such 
vessel  to  be  pure  wine.  It  shall  be  unlawful  for  any  person 
or  persons,  other  than  the  ones  for  whom  such  stamps  were 
procured,  to  in  any  way  use  such  stamps,  or  to  have  posses- 
sion of  the  same.  A  violation  of  any  of  the  provisions  of 
this  section  shall  be  a  misdemeanor,  and  punishable  by  fine 
of  not  less  than  fifty  dollars  and  not  more  than  five  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  for  a  term 
of  not  exceeding  ninety  days,  or  by  both  such  fine  and  im- 
prisonment. All  moneys  collected  by  virtue  of  prosecutions 
had  against  persons  violating  any  provisions  of  this  or  any 
preceding  sections  shall  go,  one-half  to  the  informer,  and 
one-half  to  the  district  attorney  prosecuting  the  same. 

Sec.  9.  It  shall  be  the  duty  of  the  controller  to  keep  an 
account,  in  a  book  to  be  kept  for  that  purpose,  of  all  stamps, 
the  number,  design,  time  when  and  to  whom  furnished.  The 
parties  procuring  the  same  are  hereby  required  to  return  to 
the  controller  semi-annual  statements,  under  oath,  setting 
forth  the  number  used,  and  how  many  remains  on  hand. 
Any  violation  of  this  section  b}'  the  person  receiving  sucb 
stamps  is  a  misdemeanor. 


ADULTERATION.  65T 

Sec.  10.  It  shall  be  the  duty  of  any  and  all  persons  re- 
ceiving such  stamps  to  use  the  same  only  in  their  business, 
in  no  manner  or  in  no  wise  to  allow  the  same  to  be 
disposed  of  except  in  the  manner  authorized  by  this  act; 
to  not  allow  the  same  to  be  used  by  any  other. person  or  per- 
sons. It  shall  be  their  duty  to  become  satisfied  that  the 
wine  contained  in  the  barrels  or  bottles  is  all  that  said  label 
imports  as  defined  by  this  act.  That  they  will  use  the  said 
stamps  only  in  this  state,  and  shall  not  permit  the  same  to 
part  from  their  possession,  except  with  the  barrels,  packages, 
or  bottles  upon  which  they  are  placed  as  provided  by  this 
act.  A  violation  of  any  of  the  provisions  of  this  section 
is  hereby  made  a  felony. 

Sec.  11.  This  act  shall  take  effect  and  be  in  force  ninety 
days  after  its  passage. 

An  act  to  provide  against  the  adulteration  of  food  and  drugs. 

[Approved  March  26,   1895.     Stats.   1895,  p.   71.] 

•  Section  1.  No  person  shall,  within  the  state,  manufacture 
for  sale,  offer  for  sale,  or  sell,  any  drug  or  article  of  food 
which  is  adulterated  within  the  meaning  of  this  act. 

Sec.  2.  The  term  ' '  drug ' '  as  used  in  this  act,  shall  in- 
clude all  medicine  for  internal  or  external  use,  antiseptics, 
disinfectants,  and  cosmetics.  The  term  "food,"  as  used 
herein,  shall  include  all  articles  used  for  food  or  drink  by 
man,  whether  simple,  mixed,  or  compound. 

Sec.  3.  Any  article  shall  be  ileemed  to  be  adulterated 
within  the  meaning  of  this  act: 

(a)  In  the  ease  of  drugs:  (1)  If,  when  sold  under  or  by 
a  name  recognized  in  the  United  States  pharmacopoeia,  it 
differs  from  the  standard  of  strength,  quality,  or  purity 
laid  down  therein.  (2)  If,  when  sold  under  or  by  a  name 
not  recognized  in  the  United  States  pharmacopoeia,  but 
which  is  found  in  some  other  pharmacopoeia  or  other  stand- 
ard work  on  materia  medica,  it  differs  materially  from  the 


558  APPENDIX. 

standard  of  strength,  quality,  or  purity  laid  down  in  such 
work.  (3)  If  its  strength,  quality,  or  purity  falls  below  the 
professed  standard  under  which  it  is  sold. 

(b)  In  the  case  of  food:  (1)  If  any  substance  or  sub- 
stances have  been  mixed  with  it,  so  as  to  lower  or  depreciate, 
or  injuriously  affect  its  quality,  strength,  or  purity,  (2)  If 
any  inferior  or  cheaper  substance  or  substances  have  been 
substituted  wholly  or  in  part  for  it.  (3)  If  any  valuable  or 
necessary  constituent  or  ingredient  has  been  wholly  or  in 
part  abstracted  from  it.  (4)  If  it  is  an  imitation  of,  or 
sold  under  the  name  of  another  article.  (5)  If  it  consists 
wholly,  or  in  part,  of  a  diseased,  decomposed,  putrid,  in- 
fected, tainted,  or  rotten  animal  or  vegetable  substance  or 
article,  whether  manufactured  or  not;  or  in  the  case  of  milk, 
if  it  is  the  produce  of  a  dise.ased  animal.  (6)  If  it  is  col- 
ored, coated,  polished,  or  powdered  whereby  damage  or  in- 
feriority is  concealed,  or  if  by  any  means  it  is  made  to  ap- 
pear better  or  of  greater  value  than  it  really  is.  (7)  If  it 
contains  any  added  substance  or  ingredient  which  is  poison- 
ous or  injurious  to  health. 

Provided,  that  the  provisions  of  this  act  shall  not  ap- 
ply -  to  mixtures  or  compounds  recognized  as  ordinary  ar- 
ticles or  ingredients  of  articles  of  food,  if  each  and  every 
package  sold  or  offered  for  sale  be  distinctly  labeled  as 
mixtures  or  compounds,  with  the  name  and  per  cent  of 
each  ingredient  therein,  and  are  not  injurious  to  health. 

Sec.  4,  Every  person  manufacturing,  exposing,  or  offer- 
ing for  sale,  or  delivering  to  a  purchaser,  any  drug  or 
article  of  food  included  in  the  provisions  of  this  act,  shall 
furnish  to  any  person  interested,  or  demanding  the  same, 
who  shall  apply  to  him  for  the  purpose,  and  shall  tender 
him  the  value  of  the  same,  a  sample  sufficient  for  the  anal- 
ysis of  any  such  drug  or  article  of  food  which  is  in  his  pos- 
session. 

Sec.  5.  Whoever  refuses  to  comply,  upon  demand,  with 
the  requirements  of  section  four,  and  whoever  violates  any 


ADULTERATION.  »5a 

of  the  provisions  of  this  act,  shall  be  guilty  of  a  misde- 
meanor, and  shall  be  fined  not  exceeding  one  hundred  nor 
less  than  twenty-five  dollars,  or  imprisoned  in  the  county 
jail  not  exceeding  one  hundred  nor  less  than  thirty  days, 
or  both.  And  any  person  found  guilty  of  manufacturing, 
offering  for  sale,  or  selling,  an  adulterated  article  of  food 
or  drug  under  the  provisions  of  this  act  shall  be  adjudged 
to  pay,  in  addition  to  the  penalties  hereinbefore  provided 
for,  all  the  necessary  costs  and  expenses  incurred  in  inspect- 
ing and  analyzing  such  adulterated  articles  of  which  said 
person  may  have  been  found  guilty  of  manufacturing,  sell- 
ing, or  offering  for  sale. 

Sec.  6.  This  act  shall  be  in  force  and  take  effect  from 
and  after  its  passage. 

An    act    to    prevent    the    sale    of    imitation    or    adulterated 
honey,  and  to  provide  a  punishment  therefor. 

[Approved  March  26,   1895,     Stats.   1895,   p.  94.] 

This  act  was  superseded  by  the  following  act: 

An   act   to   prohibit   the  adulteration   of  honey,   and  to   pro- 
vide a  punishment  therefor. 

[Approved  February  23,  1897.     Stats.   1897,  p.   12.] 

Section  1.  No  person  shall,  within  this  state,  manufac- 
ture for  sale,  offer  for  sale,  or  sell  any  extracted  honey 
which  is  adulterated  by  the  admixture  therewith  of  either 
refined  or  commercial  glucose,  or  any  other  substance  or 
substances,  article  or  articles  which  may  in  any  manner 
affect  the  purity  of  the  honey. 

Sec.  2.  Every  person  manufacturing,  exposing,  or  of- 
fering for  sale  or  delivering  to  a  purchaser  any  extracted 
honey,  shall  furnish  to  any  person  interested,  or  demand- 
ing the  same,  who  shall  apply  to  him  for  the  purpose,  and 
tender  him  the  value  of  the  same,  a  sample  sufficient  for 
the  analysis  of  any  such  extracted  honey  which  is  in  his 
possession. 


560  APPENDIX. 

Sec.  3.  For  tlie  purposes  of  this  act,  "extracted  honey" 
is  the  transformed  nectar  of  flowers,  which  nectar  is  gath- 
ered by  the  bee  from  natural  sources,  and  is  extracted  from 
the  comb  after  it  has  been  stored  by  the  bee. 

Sec.  4.  "Whoever  violates  any  of  the  provisions  of  this 
act  is  guilty  of  a  misdemeanor,  and  upon  \jonviction  thereof, 
shall  be  fined  not  less  than  twenty-five  nor  more  than 
four  hundred  dollars,  or  imprisoned  in  the  county  jail  not 
less  than  twenty-five  days  nor  more  than  six  months,  or 
both  such  fine  and  imprisonment.  And  any  person  found 
guilty  of  manufacturing,  offering  for  sale,  or  selling  any 
adulterated  honey  under  the  provisions  of  this  act  may,  in 
the  discretion  of  the  court,  be  adjudged  to  pay,  in  addition 
to  the  penalties  hereinbefore  provided  for,  all  necessary 
cost  and  expenses,  not  to  exceed  fifty  dollars,  incurred  in 
analyzing  such  adulterated  honey  of  which  such  person 
may  have  been  found  guilty  of  manufacturing,  selling,  or 
offering  for  sale. 

Sec.  5.  This  act  shall  be  in  force  and  take  effect  from 
and  after  its  passage. 

ADULTERY. 

An  act  to   punish   adultery. 
[Approved  March  15,  1872.     Stats.   1871-2,  p.  380.] 

Section  1.  Every  person  who  lives  in  a  state  of  open  and 
notorious  cohabitation .  and  adultery  is  guilty  of  a  misde- 
meanor, and  is  punishable  by  a  fine  not  exceeding  one  thou- 
sand dollars,  or  imprisonment  in  the  county  jail  not  exceed- 
ing one  year,  or  by  both. 

Sec.  2.  If  two  persons,  each  being  married  to  another, 
live  together  in  a  state  of  open  and  notorious  cohabitation 
and  adultery,  each  is  guilty  of  a  felony,  and  is  punishable 
by  imprisonment  in  the  state  prison  not  exceeding  five 
years. 

Sec.  3.     A  recorded  certificate  of  marriage,  or  a  certified 


ADULTERY— ANIMALS. 


copy   thereof,    there  being  no    decree   of   divorce,   proves  the 
marriage  of  a  person  for  the  purpose  of  this  act. 


ANIMALS. 

[See    act    creating    office    of    state    veterinarian,    March    18, 

1899.     Stats.  1899,   p.   129.] 

An  act  for  the  more  effectual  prevention  of  cruelty  to  ani- 
mals. 

[Approved  March  20,   187.3-4.     Stats.   1873-4,  499.     Amended 
1901,    28.5;    1903,    69.] 

Section  1.  Any  three  or  more  citizens  of  the  state  of 
California,  who  have  heretofore,  or  who  shall  hereafter,' 
incorporate  as  a  body  corporate,  under  the  general  laws 
for  incorporations  in  this  state,  for  the  purpose  of  pre- 
venting cruelty  to  animals,  may  avail  themselves  of  the 
privileges  of  this  act;  provided,  that  the  corporate  body 
first  formed  as  aforesaid  in  any  county,  shall  be  the  only 
one  so  entitled  to  the  benefits  and  privileges  of  this  act 
in  said  county. 

Sec.  2.  The  said  societies  may  make  and  adopt  by-laws 
governing  the  admission  of  associates  and  members,  pro- 
viding for  all  meetings,  and  for  assistant  and  district  or 
local  officers;  providing,  also,  for  means  and  systems  for 
the  effectual  attainment  of  the  objects  contemplated  by  this 
act;  for  the  regulation  and  management  of  its  business 
affairs,  and  for  the  effectual  working  of  the  societies;  pre- 
scribing, also,  the  duties  of  all  their  officers;  for  the  outlay 
of  all  moneys  and  the  auditing  all  accounts;  provided,  that 
such  by-laws  shall  not  conflict  with  the  laws  of  the  state  of 
California,  or  of  the  United  States,  or  with  any  provisions 
of  this  act. 

Sec.  3.  Said  societies  shall  elect  officers  and  fill  vacan- 
cies according  to  the  provisions  of  their  by-laws. 

Sec.  4.     All  sheriffs,   constables,  police   and  peace   officers 
are   empowered   and   directed   to   make   arrests   for   the   vio- 
Pen.  Code— 36 


B62  APPENDIX. 

lation  of  any  of  the  provisions  of  this  act,  which  by  this 
act  is  denominated  a  misdemeanor,  in  the  same  manner 
as  is  by  law  provided  for  arrests  in  all  cases  of  misde- 
meanors. [Amendment,  adopted  March  14,  1901.  atats. 
1^01,  285.] 

Sec.  5.  All  members  and  agents,  and  all  ofScers  of  each 
or  any  of  the  societies  so  incorporated,  as  shall  by  the 
trustees  of  said  societies  be  duly  authorized  in  writing, 
approved  by  a  judge  of  the  superior  court  of  the  county, 
and  sworn  in  the  same  manner  as  are  constables  and  peace 
officers,  shall  have  power  to  lawfully  interfere  to  prevent 
the  perpetration  of  any  act  of  cruelty  upon  any  dumb  ani- 
mal, and  may  use  such  force  as  may  be  necessary  to  pre- 
vent the  same,  and  to  that  end  may  summon  to  their  aid 
any  bystander;  they  may  make  arrests  for  the  violation 
of  any  of  the  provisions  of  this  act  in  the  same  manner 
as  is  herein  provided  for  other  officers;  and  may  carry  the 
same  weapons  that  such  officers  as  are  named  in  section 
four  of  this  act  are  authorized  to  carry;  provided,  that  all 
such  members  and  agents  shall,  when  making  such  arrests, 
exhibit  it  and  expose  a  suitable  badge  to  be  adopted  by 
said  society.  All  persons  resisting  said  specially  appointed 
officers,  as  such,  shall,  upon  conviction,  be  deemed  guilty 
of  a  misdemeanor.  [Amendment  adopted  March  14,  1901. 
Stats.   1901,  285.] 

Sec.  6.  Any  person  who  overdrives,  overloads,  drives 
when  overloaded,  overworks,  tortures,  torments,  deprives 
of  necessary  sustenance,  drink  or  shelter,  cruelly  beats, 
mutilates,  or  cruelly  kills  any  animal,  or  causes  or  pro- 
cures any  animal  to  be  so  overdriven,  overloaded,  over- 
worked, tortured,  tormented,  deprived  of  necessary  suste- 
nance, drink  or  shelter,  or  to  be  cruelly  beaten,  mutilated 
or  cruelly  killed;  and  whoever,  having  the  charge  or  cus- 
tody of  any  animal,  either  as  owner  or  otherwise,  subjects 
any  animal  to  needless  suffering,  or  inflicts  unnecessary 
cruelty  upon  the  same,  or  in  any  manner  abuses  any  animal, 
or  fails  to  provide  the  same  with  proper  food,  drink,  shelter 


ANIMALS.  668 

or  protection  from  tlie  weather,  or  who  cruelly  drives,  rides 
or  otherwise  uses  the  same  when  unfit  for  labor,  shall  for 
every  such  offense,  upon  conviction,  be  deemed  guilty  of  a 
misdemeanor.  [Amendment  adopted  March  14,  1901.  Stats. 
1901,  p.  285.] 

Sec.  7.  If  any  person  shall  carry,  or  cause  to  be  carried, 
in  or  upon  any  vehicle,  or  otherwise,  any  domestic  animal, 
in  a  cruel  or  inhuman  manner,  or  knowingly  and  willfully 
authorizes  or  permits  the  same  to  be  subjected  to  unneces- 
sary torture,  suffering,  or  cruelty  of  any  kind,  shall,  upon  con- 
viction, be  deemed  guilty  of  a  misdemeanor;  and  when- 
ever any  such  person  shall  be  taken  into  custody  therefor 
by  any  officer,  such  officer  may  take  charge  of  such  vehicle  . 
and  its  contents,  together  with  the  horse  or  team  attached 
to  said  vehicle  and  deposit  same  in  some  safe  place  of  cus- 
tody; and  any  necessary  expenses  which  may  be  incurred 
for  taking  care  of  and  keeping  the  same,  shall  be  a  lien 
thereon,  to  be  paid  before  the  same  can  be  lawfully  recov- 
ered; and  if  the  said  expenses,  or  any  part  thereof,  re- 
main unpaid,  they  may  be  recovered,  by  the  person  incur- 
ring the  same,  of  the  owner  of  said  domestic  animal,  in 
any  action  therefor. 

Sec.  8.  Any  person  who  shall  cause  any  bull,  bear,  cock, 
dog,  or  other  animal  to  fight,  for  his  amusement  or  for 
gain,  worry  or  injure  each  other;  or  any  person  who  shall 
permit  the  same  to  be  done  on  any  premises  under  his 
charge  or  control;  and  any  person  who  shall  aid,  abet,  or 
be  present  at  such  fighting  and  worrying  of  such  animal, 
as  a  spectator,  shall,  upon  conviction,  be  deemed  guilty  of  a 
misdemeanor. 

Sec.  9.  Whoever  owns,  possesses,  keeps,  or  trains  any 
bird  or  animal,  with  the  intent  that  such  bird  or  animal 
shall  be  engaged  in  an  exhibition  of  fighting,  or  is  present 
at  any  place,  building,  or  tenement  where  preparations  are 
being  made  for  an  exhibition  of  the  fighting  of  birds  or 
animals,  with  the  intent  to  be  present  at  such  exhibition, 
or  is  present  at  such  exhibition,  shall,  upon  conviction,  be 
deemed    guilty    of   a    misdemeanor. 


iM  APPENDIX. 

Sec.  10.  When  complaint  is  made,  on  oath,  to  any  ?nagis- 
trate  authorized  to  issue  warrants  in  criminal  cases,  that 
the  complainant  believes  that  any  of  the  provisions  of  law  . 
relating  to  or  in  any  way  affecting  dumb  animals,  are  being 
or  are  about  to  be  violated  in  any  particular  building  or 
place,  such  magistrate  shall  issue  and  deliver  immediateh' 
a  warrant  directed  to  any  sheriff,  constable,  police  officer, 
or  officer  of  any  incorporated  association,  qualified  as  pro- 
vided in  the  fifth  section  of  this  act,  authorizing  him  to 
enter  and  search  such  building  or  place,  and  to  arrest  any 
person  or  persons  there  present  violating  or  attempting  to 
violate  any  law  relating  to  or  in  any  way  affecting  dumb 
animals,  and  to  bring  such  person  or  persons  before  some 
court  or  magistrate  of  competent  jurisdiction,  within  the 
city,  city  and  county,  or  township  within  which  such  of- 
fense has  been  committed,  to  be  dealt  with  according  to 
law,  and  such  attempt  shall  be  held  to  be  a  violation  of  sec- 
tion six  of  this  act.  [Amendment  adopted  March  14,  1901. 
Stats.   1901,   p.   286.] 

Sec.  11.  Any  sheriff,  constable,  police  or  peace  officer, 
or  officer  qualified,  as  provided  in  section  five  of  this  act, 
may  enter  any  place,  building  or  tenement,  where  there  is  an 
exhibition  of  the  fighting  of  birds  or  animals,  or  where 
preparations  are  being  made  for  such  an  exhibtion,  and, 
without  a  warrant,  arrest  all  persons  there  present. 

Sec.  12.  Any  person  who  shall  impound,  or  cause  to  be 
impounded  in  any  pound  any  domestic  animal,  shall  supply 
the  same  during  such  confinement  with  a  sufficient  quantity 
of  good  and  wholesome  food  and  water,  and  in  default 
thereof,  shall,  ujion  conviction,  be  deemed  guilty  of  a  mis- 
demeanor. In  case  any  domestic  animal  shall  be  at  any 
time  impounded,  as  aforesaid,  and  shall  continue  to  be 
without  necessary  food  and  water  for  more  than  twelve 
consecutive  hours,  it  shall  be  lawful  for  any  person,  from 
time  to  time,  as  it  shall  be  deemed  necessary,  to  enter  into 
and  upon  any  pound  in  which  any  such  domestic  animal  shall 
be  confined,  and  supply  it  with  necessary  food  and  water  so 


long  as  it  shall  remain  so  confined.  Such  person  shall  not  be 
liable  to  any  action  for  such  entry,  and  the  reasonable  cost 
of  such  food  and  water  may  be  collected  by  him  of  the 
owner  of  such  animal,  and  the  said  animal  shall  not  be  ex- 
empt from  levy  and  sale  upon  execution  issued  upon  a  judg- 
ment therefor. 

Sec.  13.  Every  owner,  driver,  or  possessor  of  any  ani- 
mal, who  shall  permit  the  same  to  be  in  any  building,  in- 
closure,  lane,  street,  square,  or  lot,  of  any  city,  city  and 
county,  or  township,  without  proper  care  and  attention, 
shall,  on  conviction,  be  deemed  guilty  of  misdemeanor. 
And  it  shall  be  the  duty  of  any  peace  officer,  or  officer  of  . 
the  humane  society,  to  take  possession  of  the  animal  so 
abandoned  or  neglected  and  care  for  the  same  until  it  is 
redeemed  by  the  owner  or  claimant,  and  the  cost  of  car- 
ing for  such  animal  shall  be  a  lien  on  the  same  until  the 
charges  are  paid.  Every  sick,  disabled,  infirm,  or  crippled 
animal  which  shall  be  abandoned  in  any  city,  city  and 
county,  or  township,  may,  if  after  due  search  no  owner 
can  be  found  therefor,  be  killed  by  such  officer;  and  it  shall 
be  the  duty  of  all  i>eace  officers,  or  an  officer  of  said  so- 
ciety, to  cause  the  same  to  be  killed  on  information  of 
such  abandonment.  Such  officer  may  likewise  take  charge 
of  any  animal  that  by  reason  of  lameness,  sickness,  feeble- 
ness, or  neglect,  is  unfit  for  the  labor  it  is  performing,  or 
that  in  any  other  manner  is  being  cruelly  treated;  and,  if 
such  animal  is  not  then  in  the  custody  of  its  owner,  such 
officer  shall  give  notice  thereof,  to  such  owner,  if  known, 
any  may  provide  suitable  care  for  such  animal  until  it 
is  deemed  to  be  in  a  suitable  condition  to  be  delivered  to 
such  owner,  and  any  necessary  expenses  which  may  be 
incurred  for  taking  care  of  and  keeping  the  same  sha,ll 
be  a  lien  thereon,  to  be  paid  before  the  same  can  be  law- 
fully recovered.  [Amendment  adopted  March  14,  1901. 
Stats.    1901,   286.] 

See.    14.     It    shall    be    the    duty    of    the    society    first    or- 


566  APPENDIX. 

ganized  and  incorporated  as  herein  provided,  in  each  city 
and  county,  or  county,  to  actively  engage  in  enforcing  the 
provisions  of  this  act,  and  arresting  and  prosecuting  of- 
fenders thereunder,  and  in  preventing  cruelty  to  animals. 
Every  person  convicted  of  any  misdemeanor  under  this  act, 
shall  be  punished  as  in  law  provided  for  the  punishment 
of  misdemeanors,  and  all  fines  and  forfeitures  imposed  and 
collected  in  any  county,  or  city  and  county,  under  the  pro- 
visions of  this  act  shall  inure  to  the  society  in  said  county, 
or  city  and  county,  organized  and  incorporated  as  herein 
provided,  in  aid  of  the  benevolent  object  for  which  it  is 
incorporated,  and  in  addition  to  said  fines,  the  said  society 
so  organized  and  incorporated,  may,  in  each  city,  or  city 
and  county,  or  county,  where  such  society  exists,  while 
actively  engaged  in  enforcing  the  provisions  of  this  act,  or 
arresting,  or  prosecuting  offenders  thereunder,  or  prevent- 
ing cruelty  to  animals,  be  paid,  as  compensation  therefor, 
from  the  county,  or  city  and  county,  general  fund  by  the 
board  of  supervisors,  a  sum  not  to  exceed  one  hundred  and 
fifty  dollars  per  month,  in  the  same  manner  as  other  claims 
against  said  county,  or  city  and  county,  are  paid.  [Amend- 
ment approved  March  2,  1903.  Stats.  1903,  p.  69.  This  sec- 
tion was  also  amended  in  1901.     Stats.  1901,  287.] 

Sec.  15.  All  prosecutions  for  the  violation  of  any  of  the 
provisions  of  this  act  shall  be  conducted  and  prosecuted 
in  a  court  of  competent  jurisdiction,  and  any  member  of 
said  society  authorized,  as  provided  in  section  five  of  this 
act,  may  appear  and  prosecute  in  any  of  said  courts,  for 
any  violation  of  any  of  the  provisions  of  this  act,  whether  or 
not  he  be  an  attorney  or  counselor  at  law;  provided,  that 
all  such  prosecutions  shall  be  conducted  in  the  name  of  the 
people  of  the  state  of  California. 

Sec.  16.  In  this  act  the  singular  shall  include  the  plural; 
the  word  "animal"  shall  be  held  to  include  every  living 
dumb  creature:  the  words  "torture,"  "torment,"  and 
"cruelty,"  shall  be   held  to  include  every  act,  omission,  or 


neglect  whereby  unnecessary  or  unjustifiable  physical  pain 
or  suffering  is  caused  or  permitted,  and  the  words  "owner" 
and  "person"  shall  be  held  to  include  corporations  as 
well  as  individuals;  and  the  knowledge  and  acts  of  agents 
of  and  persons  employed  by  corporations,  in  regard  to  ani- 
mals transported,  owned,  or  employed  by,  or  in  the  custody 
of  such  corporations,  shall  be  held  to  be  the  act  and  knowl- 
edge of  such  corporations  as  well  as  such  agent  or  em- 
ployees. 

Sec.  17.  No  part  of  this  act  shall  be  deemed  to  inter- 
fere with  any  of  the  laws  of  this  state  known  as  the 
"game  laws,"  or  any  laws  for  the  destruction  of  certain 
birds;  nor  shall  this  act  be  deemed  to  interfere  with  the- 
right  to  destroy  an}^  venomous  reptiles,  or  any  animal 
known  as  dangerous  to  life,  limb,  or  property,  or  to  in- 
terfere with  the  right  to  kill  all  animals  used  for  food, 
or  with  any  properly  conducted  scientific  experiments  or 
investigations,  which  experiments  or  investigations  shall 
be  performed  only  under  the  authority  of  the  faculty  of 
some  regularly  incorporated  medical  college  or  university 
of  the  state  of  California. 

Sec.  18.  The  act  entitled  "An  act  for  the  more  effectual 
prevention  of  cruelty  to  animals, ' '  approved  March  thir- 
tieth, eighteen  hundred  and  sixty-eight,  and  amendments 
thereto,  approved  March  fifteenth,  eighteen  hundred  and 
seventy-two,  are  hereby  repealed. 

Sec.  19.  This  act  shall  take  effect  from  and  after  its 
passage. 

Sec.  20.  Whoever  shall  cut  the  solid  part  of  the  tail  of 
any  horse  in  the  operation  known  as  "docking,"  or  by  any 
other  operation  performed  for  the  purpose  of  shortening 
the  tail,  and  whoever  shall  cause  the  same  to  be  done, 
or  assist  in  doing  such  cutting,  shall,  upon  conviction,  be 
deemed  guilty  of  a  misdemeanor.  [New  section  added 
March  14,  1901.     Stats.  1901,  p.  287.] 

Sec.  21.  Every  animal  which  is  unfit,  by  reason  of  its 
physical   condition,  for  the  purpose  for  which  such  animals 

19 


568  APPENDIX. 

are  usually  employed,  and  when  there  is  no  reasonable 
probability  of  such  animal  ever  becoming  fit  for  the  pur- 
pose for  which  it  is  usually  employed,  shall  be  by  the 
owner  or  lawful  possessor  of  the  same,  deprived  of  life 
within  twelve  hours  after  being  notified  by  any  peace 
officer,  or  officer  of  said  society,  to  kill  the  same,  and  such 
owner,  possessor,  or  person  omitting  or  refusing  to  com- 
ply with  the  provisions  of  this  section,  shall  upon  con- 
viction, be  deemed  guilty  of  a  misdemeanor,  and  after 
such  conviction  the  court  or  magistrate  having  jurisdic- 
tion of  such  offense  shall  order  any  peace  officer,  or  officer 
of  said  society,  to  immediately  kill  such  animal;  provided, 
that  this  shall  not  apply  to  such  owner  keeping  any  old 
or  diseased  animal  belonging  to  him  on  his  own  premises 
with  proper  care.  [ISTew  section  added  March  14,  1901. 
Stats.  1901,  p.  287.] 

Sec.  22.  Any  person  or  persons  holding  a  lien  or  liens 
against  any  animal  or  animals  under  the  provisions  of 
this  act  may  satisfy  such  lien  as  follows:  If  such  lien  be 
not  paid,  by  the  party  or  parties  responsible,  within  three 
days  after  the  obligation  becomes  due,  then  the  party  or 
parties  holding  such  lien  may  resort  to  the  proper  court 
to  satisfy  the  claim;  or  he  or  they,  three  days  after  the 
charges  against  such  property  becomes  due,  may  sell  the 
same,  or  such  undivided  fraction  thereof  as  may  become 
necessary,  to  defray  the  amount  due  and  costs  of  sale, 
by  giving  three  days'  notice  of  the  sale  by  advertising 
in  some  newspaper  published  in  the  county,  or  city  and 
county,  in  which  the  lien  has  attached  to  the  property; 
or,  if  there  is  no  paper  published  in  the  county,  then  by 
posting  notices  of  the  sale  in  three  of  the  most  public 
places  in  the  town  or  township  for  three  days  previous 
to  the  sale.  Said  notices  shall  contain  an  accurate  de- 
scription of  the  property  to  be  sold,  together  with  the 
terms  of  sale,  which  must  be  for  cash,  payable  on  the 
consummation  of  the  sale.  The  proceeds  of  the  sale  must 
be   applied   to   the    discharge   of   the   lien   and    the   costs   of 


ANIMALS.  "b* 

sale;  the  remainder,  if  any,  must  be  paid  over  to  the 
owner,  if  known,  and  if  not  known  must  be  paid  into  the 
treasury  of  the  humane  society  of  the  county,  or  city  and 
county,  wherein  the  sale  takes  place;  if  no  humane  society 
exists  in  the  county,  then  the  remainder  shall  be  paid  into 
the  county  treasury.  [New  section  added  March  14,  1901. 
Stats.  1901,  p.  287.] 

An  act  to  prohibit  the  use  of  the  bristle  bur,  tack  bur,  or 
other   like   devices   on   horses   or   other   animals   in    this 
state, 
[Approved  March  13,  1903.     Stats.  1903,  p.  139.] 
The   people  of   the   state   of   California,  represented   in   sen- 
ate and  assembly,  do  enact  as  follows: 

Section  1.  It  shall  be  unlawful  hereafter  in  this  state 
for  any  one,  owner,  driver  or  other  person,  having  the 
care,  custody  or  control  of  any  horse  or  other  animal,  to 
use  what  is  known  as  the  bristle  bur,  tack  bur,  or  other 
like  device,  by  whatsoever  name  known  or  designated,  on 
any  said  horse  or  other  animal  for  any  purpose  whatso- 
ever. 

Sec.  2.  A  violation  of  the  provisions  of  this  act  shall 
be  deemed  a  misdemeanor  and  any  one  found  guilty  there- 
of shall  be  punished  by  a  fine  of  not  less  than  twenty-five 
dollars  nor  more  than  two  hundred  and  fifty  dollars,  or  by 
imprisonment  in  the  county  jail  not  less  than  ten  nor  more 
than  one  hundred  and  seventy-five  days,  or  may  be  pun- 
ished by  both  such  fine  and  imprisonment. 

Sec.  3.  All  acts  and  parts  of  acts  in  conflict  with  the 
provisions  of  this  act  are  hereby  repealed. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

An  act  to  prevent  tampering  with  animals,  and  to  prevent 
the  giving  or  administering  of  poison  or  drugs  to 
horses,  cattle,  dogs,  animals,  and  other  livestock,  ex- 
cept for  medicinal  purposes,  and  making  the  same  a  mis- 
demeanor. 
[Approved   March    23,    1901.     Stats.    1901,    553.] 


570  APPENDIX. 

The  people  of  the  state  of  California,  represented  in  sen- 
ate  and   assembly,   do    enact   as   follows: 

Section  1.  It  shall  be  unlawful  for  any  person  or  per- 
sons, except  for  medicinal  purposes,  to  administer  any 
poison,  drug,  medicine,  or  other  noxious  substance,  to  any 
horse,  stud,  mule,  ass,  mare,  horned  cattle,  neat  cattle, 
gelding,  colt,  filly,  dog,  animals,  or  other  livestock,  entered 
or  about  to  be  entered  in  any  race  or  upon  any  race-course 
in  the  state  of  California,  or  entered  or  about  to  be  en- 
tered at  or  with  any  agricultural  park,  or  association, 
race-course,  or  corporation,  or  other  exhibition  for  com- 
petition for  prize,  reward,  purse,  premium,  stake,  sweep- 
stakes, or  other  reward,  or  to  expose  any  such  poison, 
drug,  medicine,  or  noxious  substance,  with  intent  that  the 
same  shall  be  taken,  inhaled,  swallowed,  or  otherwise  re- 
ceived by  any  horse,  stud,  mule,  ass,  mare,  horned  cattle, 
neat  cattle,  gelding,  colt,  filly,  dog,  animal,  or  other  live- 
stock, with  intent  to  impede  or  affect  the  speed,  endur- 
ance, sense,  health,  physical  condition,  or  other,  character 
or  quality  of  such  above  mentioned  animal,  or  other  live- 
stock. 

Sec.  2.  It  shall  be  unlawful  for  any  person  or  persons 
to  cause  to  be  taken  by  or  placed  upon  or  in  the  body  of 
any  horse,  stud,  mule,  ass,  mare,  horned  cattle,  neat  cattle, 
gelding,  colt,  filly,  animal,  or  other  livestock,  entered 
or  about  to  be  entered  in  any  race  upon  any  race-course  in 
the  state  of  California,  or  entered  or  about  to  be  entered 
at  or  with  any  agricultural  park,  association,  race-course 
or  corporation,  or  other  exhibition  for  competition  for  prize, 
reward,  purse,  premium,  stake,  sweepstakes,  or  other  re- 
ward, any  sponge,  wood,  or  foreign  substance  of  any  kind, 
with  intent  to  impede  or  affect  the  speed,  endurance,  sense, 
health,  physical  condition,  of  such  horse,  stud,  mule,  ass, 
mare,  horned  cattle,  neat  cattle,  gelding,  colt,  filly,  dog, 
animal,  or  other  livestock. 

Sec.  3.  Any  person  or  persons  who  shall  violate  any  of 
the  provisions  of  sections  one  or  two  of  this  act  shall  be 
guilty  of  a  misdemeanor. 


ANIMALS— ARTESIAN    WELLS.  571 

Sec.  4.  All  acts  or  parts  of  acts  in  conflict  with  the 
provisions  of  this  act  are  hereby  repealed. 

Sec.  5.     This  act  shall  take  effect  immefliately. 

An  act  to  prevent  the  spread  of  contagious  or  infectious 
diseases   among   domestic   animals. 

Section  1.  Any  person  or  persons,  company  or  corpora- 
tion, owning  or  having  possession  or  control  of  any  animal 
affected  by  any  contagious  or  infectious  disease,  who  shall 
fail  to  keep  the  same  within  an  inelosure,  or  herd  the  same 
in  some  place  where  they  will  be  secure  from  contact  with 
other  animals  of  like  kind  not  so  affected,  or  who  shall 
suffer  such  infected  animals  to  be  driven  on  the  public 
highway  or  to  range  where  they  will  be  likely  to  come  in 
contact  with  other  animals  not  so  affected,  shall  be  guilty 
of  a  misdemeanor,  and,  on  conviction,  punished  by  a  fine 
of   not   more    than    five    hundred    dollars   for    each   offense. 

Sec.  2.  This  act  shall  take  effect  immediately.  [Ap- 
proved   March    23,    1893.     Stats.    1893,   302.] 


AETESIAN   WELLS. 
An   act    to    regulate   the   use   of   artesian   wells,   and   to   pre- 
vent the  waste  of  subterranean   waters   in   this   state. 
[Approved     March    9,    1878.     Stats.    1877-8,      195.     Sec.    8 
Eepealed   by  Stats.   1901,   284.] 
Section    1.     Any    artesian    well    which    is    not    capped,    or 
furnished    with    such    mechanical    appliance    as    will    readily 
and  effectively  arrest   and   prevent  the  flow  of  water  from 
such  well,  is  hereby  declared,  to  be  a  public  nuisance.     The 
owner,    tenant,    or   occupant   of   the   land   upon   which    such 
well  is  situated,  who  causes,  permits,  or  suffers  such  public 
nuisance,  or  suffers  or  permits  it  to  remain  or  continue,  is 
guilty  of  a  niisdemeauor. 

Sec.  2.     Any  person  owning,  possessing,  or  occupying  any 
land  upon  which  is  situated   an   artesian   well,   who   causes, 


572  APPENDIX. 

suffers,  or  permits  the  water  to  unnecessarily  flow  from 
such  well,  or  to  go  to  waste,  is  guilty  of  a  misdemeanor. 

Sec.  3.  An  artesian  well  is  defined,  for  the  purposes  of 
this  act,  to  be  any  artificial  well  the  waters  of  which  will 
flow  continuously  over  the  natural  surface  of  the  ground 
adjacent  to  such  well  at  any  season  of  the  year. 

Sec.  4.  Waste  is  defined,  for  the  purposes  of  this  act, 
to  be  the  causing,  suffering,  or  permitting  the  waters  flow- 
ing from  such  well  to  run  into  any  river,  creek,  or  other 
natural  watercourse  or  channel,  or  into  any  bay,  lake,  or 
pond,  or  into  any  street,  road,  highway,  or  upon  the  land 
of  any  person  other  than  that  of  the  owner  of  such  well, 
or  upon  public  lands  of  the  United  States  or  of  the  state 
of  California,  unless  it  be  used  thereon  -for  the  purposes 
and  in  the  manner  that  it  may  be  lawfully  used  upon  the 
land  of  the  owner  of  such  well;  provided,  that  this  section 
shall  not  be  so  construed  as  to  prevent  the  use  of  such 
waters  for  the  proper  irrigation  of  trees  standing  along 
or  upon  any  street,  road,  or  highway,  or  for  ornamental 
ponds  or  fountains,  or  the  propagation  of  fish. 

Sec.  5.  Any  person  violating  any  of  the  provisions  of 
this  act  may  be  proceeded  against  for  a  misdemeanor  in 
any  justice 's  court  of  the  county  in  which  such  well  is 
located,  and  shall,  upon  conviction,  be  fined  for  each  offense 
not  less  than  ten  nor  more  than  fifty  dollars.  There  shall, 
also,  upon  conviction  had,  in  addition  to  such  fine,  be  taxed 
against  such  party  the  cost  of  prosecution.  Such  fine  and 
costs  may  be  collected  as  in  other  criminal  cases,  and  the 
justice  may  also  issue  an  execution  upon  the  judgment  there- 
in rendered,  and  the  same  may  be  enforced  and  collected 
as  in  civil  cases. 

Sec.  6.  It  shall  be  the  duty  of  the  supervisors  or  road- 
masters,  on  complaint  of  any  citizen  within  their  respective 
districts,  and  for  that  purpose  may  at  all  proper  times 
enter  upon  the  premises  where  such  well  is  situated;  and 
it  shall  be  his  duty  to  institute,  or  cause  to  be  instituted, 


ARTESIAN  WELLS— BUOYS  AND   BEACONS.  573 

criminal  action  for  all  violations  of  the  provisions  of  this 
act,  or  for  all  public  oifenses  defined  in  this  act,  committed 
within  such  district. 

See.  7.  AA  act  entitled  "An  act  to  regulate  the  use  of 
artesian  wells,  and  to  prevent  the  waste  of  subterranean 
waters  in  Santa  Clara  and  Los  Angeles  counties,"  approved 
March  eighteenth,  eighteen  hundred  and  seventy-six,  and 
all  other  acts  and  parts  of  acts  in  conflict  with  the  pro- 
visions of  this  act,  are  hereby  repealed. 

Sec.  8.  Eepealed  by  Stats.  1901,  p.  284.  This  repealed 
section  was  as  follows:  "This  act  shall  not  apply  to  artesian 
wells  in  the  county  of  San  Bernardino." 


BUOYS   AND   BEACONS. 
An  act  for  the  protection  of  buoys  and  beacons. 
[Approved  March  26,   1874.     Stats.   1873-4,   619.] 

Section  1.  Any  person  or  persons  who  shall  moor  any 
vessel  or  boat  of  any  kind,  or  any  raft  'or  scow,  to  any  buoy 
or  beacon  placed  in  the  waters  of  California  by  authority 
of  the  United  States  lighthouse  board,  or  shall  in  any  man- 
ner hang  on  to  the  same,  with  any  vessel,  boat,  raft,  or 
scow,  or  shall  willfully  remove,  damage,  or  destroy  any 
such  buoy  or  beacon,  or  any  part  of  the  same,  or  shall 
cut  down,  remove,  damage,  or  destroy  any  beacon  or  bea- 
cons erected  on  land  in  this  state  by  the  authority  afore- 
said, shall,  for  every  such  offense,  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  before  any  court 
of  competent  jurisdiction,  be  punished  by  a  fine  not  ex- 
ceeding five  hundred  dollars,  or  by  imprisonment  not  ex- 
ceeding six  months;  one-third  of  the  fine  in  such  case 
to  be  paid  to  the  informer,  and  two-thirds  thereof  to  the 
lighthouse  board,  to  be  used  in  repairing  said  buoys  and 
beacons. 

Sec.  2.  The  cost  of  repairing  or  replacing  any  such  buoy 
or  beacon  which  may  have  been  misplaced,  damaged,  or 
Pen.  Code— 37 


574  APPENDIX. 

destroyed  by  any  vessel,  boat,  raft,  or  scow  being  made 
fast  to  the  same,  shall,  when  said  cost  shall  have  been 
legally  ascertained,  be  a  lien  upon  such  vessel,  boat,  raft, 
or  scow,  and  recovered  against  the  same,  and  the  owner 
or  owners  thereof,  in  an  action  of  debt,  in  any  court  of 
competent  jurisdiction  in  this  state. 


BUTTEE. 

[See    act    to    prevent    deception,    etc.,    February    23,    1899. 

Stats.   1899,  p.  25.] 

Act  to  prevent  sale  of  oleomargarine  as  butter:  See  post, 
title  Oleomargarine. 

An  act  entitled  an  act  to  prevent  the   sale  of  short-weight 
rolls   of   butter. 

[Approved    March    11,    1893.     Stats.    1893,    151.] 

Any  person  or  persons,  firm  or  corporation,  who  offers  for 
sale  roll  butter  not  of  full  weight  to  each  roll,  shall  be 
guilty  of  a  misdemeanor. 

This  act  shall  go  into  effect  sixty  days  after  its  passage. 

An  act  to  prevent  deception  in  the  manufacture  and  sale 
of  butter  and  cheese,  to  secure  its  enforcement,  and 
to  appropriate  money  therefor. 

[Approved  March  4,  1897.     Stats.  1897,  65.] 

Section  1.  That  for  the  purposes  of  this  act,  every  arti- 
cle, substance,  or  compound,  other  than  that  produced  from 
pure  milk  or  cream  from  the  same,  made  in  the  sem- 
blance of  butter,  and  designed  to  be  used  as  a  substitute 
for  butter  made  from  pure  milk  or  cream  from  the  same, 
is  hereby  declared  to  be  imitation  butter;  and  that  for 
the  purposes  of  this  act,  every  article,  substance,  or  com- 
pound, other  than  that  produced  from  pure  milk  or  cream 
from  the  same,  made  in  the  semblance  of  cheese,  and 
designated    to    be    used    as    substitute    for    cheese      made 


from  pure  milk  or  cream  from  the  same,  is  hei'eby  declared 
to  be  imitation  cheese;  provided,  that  the  use  of  salt,  ren- 
net, and  harmless  coloring  matter  for  coloring  the  product 
of  pure  milk  or  cream,  shall  not  be  construed  to  render 
such  product  an  imitation;  and  provided,  that  nothing  in 
this  section  shall  prevent  the  use  of  pure  skimmed  milk 
in  the  manufacture  of  cheese. 

Sec.  2.  No  person,  by  himself  or  his  agents  or  servants, 
shall  render  or  manufacture,  sell,  offer  for  sale,  expose  for 
sale,  or  have  in  his  possession  with  intent  to  sell,  or  use, 
or  serve  to  patrons,  guests,  boarders,  or  inmates,  in  any 
hotel,  eating-house,  restaurant,  public  conveyance  or  board- 
ing-house, or  public  or  private  hospital,  asylum,  or  eleemosy- 
nary or  penal  institution,  any  article,  product,  or  compound 
made  wholly  or  partly  out  of  any  fat,  oil,  or  oleaginous  sub- 
stance or  compound  thereof,  not  produced  directly  and  at 
the  time  of  manufacture  from  unadulterated  milk  or  cream 
from  the  same,  which  article,  product,  or  compound  shall 
be  colored  in  imitation  of  butter  or  cheese  produced  from 
unadulterated  milk  or  cream  from  the  same;  provided,  that 
nothing  in  this  section  shall  be  construed  to  prohibit  the 
manufacture  or  sale,  iinder  the  regulations  hereinafter  pro- 
vided, of  substances  or  compounds,  designed  to  be  used  as 
an  imitation,  or  as  a  substitute  for  butter  or  cheese  made 
from  pure  milk  or  cream  from  the  same,  in  a  separate  and 
distinct  form,  and  in  such  .a  manner  as  will  advise  the  con- 
sumer of  its  real  character,  free  from  coloration,  or  ingredi- 
ents, that  causes  it  to  look  like  butter  or  cheese  made  from 
pure  milk  or  cream,  the  product  of  the  dairy. 

Sec.  3.  Each  person  who,  by  himself  or  another,  law- 
fully manufactures  any  substance  designed  to  be  used  as 
a  substitute  for  butter  or  cheese,  shall  mark  by  branding, 
stamping,  or  stenciling  upon  the  top  and  sides  of  each 
tub,  firkin,  box,  or  other  package  in  which  such  article  shall 
be  kept,  and  in  which  it  shall  be  removed  from  the  place 
where    it   is    produced,    in    a    clear   and    durable    manner,    in 


576  APPENDIX. 

the  English  language,  the  words  "substitute  for  butter," 
or  "substitute  for  cheese,"  as  the  case  may  be,  in  printed 
letters  in  plain  Eoman  type,  each  of  which  shall  not  be 
less  than  one  inch  in  height  by  one-half  inch  in  width,  and 
in  addition  to  the  above  shall  prepare  a  statement,  printed 
in  plain  Eoman  type,  of  a  size  not  smaller  than  pica,  stat- 
ing in  the  English  language  its  name,  and  the  name  and 
address  of  the  manufacturer,  the  name  of  the  place  where 
manufactured  or  put  up,  and  also  the  names  and  actual 
percentages  of  the  various  ingredients  used  in  the  manu- 
facture of  such  imitation  butter  or  imitation  cheese;  and 
shall  place  a  copy  of  said  statement  within  and  upon  the 
contents  of  each  tub,  firkin,  box,  or  other  package,  and 
next  to  that  portion  of  each  tub,  firkin,  box,  or  other 
package  as  is  commonly  and  most  conveniently  opened; 
and  shall  label  the  top  and  sides  of  each  tub,  firkin,  box, 
or  other  package  by  affixing  thereto  a  copy  of  said  state- 
ment, in  such  manner,  however,  as  not  to  cover  the  whole 
or  any  part  of  said  mark  of  "substitute  for  butter,"  or 
"substitute  for  cheese." 

Sec.  4.  No  person,  by  himself  or  another,  shall  know- 
ingly ship,  consign,  or  forward  by  any  common  carrier, 
whether  public  or  private,  any  substance  designed  to  be 
used  as  a  substitute  for  butter  or  cheese,  unless  the  same 
be  marked  and  contain  a  copy  of  the  statement,  and  be 
labeled  as  provided  by  section  three  of  this  act;  and  no 
carrier  shall  knowingly  receive  the  same  for.  the  purpose 
of  forwarding  or  transporting,  unless  it  shall  be  manufac- 
tured, marked,  and  labeled  as  hereinbefore  provided,  con- 
signed, and  by  the  carrier  receipted  for  by  its  true  name; 
provided,  that  this  act  shall  not  apply  to  any  goods  in 
transit  between  foreign  states  and  across  the  state  of  Cali- 
fornia. 

Sec.  5.  No  person,  or  his  agent,  shall  knowingly  have 
in  his  possession  or  under  his  control  any  substance  de- 
signed to  be  used  as  a  substitute  for  butter  and  cheese 
unless    the    tub,   firkin,    box,    or    other    package    containing 


the  same,  shall  be  clearly  and  durably  marked  and  contain 
a  copy  of  the  statement,  and  be  labeled  as  'provided  by  sec- 
tion three  of  this  act;  and  if  the  tub,  firkin,  box,  or  other 
package  be  opened,  then  a  copy  of  the  statement  de- 
scribed in  section  three  of  this  act  shall  be  kept,  with 
its  face  up,  upon  the  exposed  contents  of  said  tub,  firkin, 
box,  or  other  package;  provided,  that  this  section  shall 
not  be  deemed  to  apply  to  persons  who  have  the  same  in 
their  possession  for  the  actual  consumption  of  themselves 
or  family. 

Sec.  6.  No  person,  by  himself  or  another,  shall  sell,  or 
offer  for  sale,  or  take  orders  for  the  future  delivery  of, 
any  substance  designed  to  be  used  as  a  substitute  for  but- 
ter or  cheese,  under  the  name  of  or  under  the  pretense  that 
the  same  is  butter  or  cheese;  and  no  person,  by  himself 
or  another,  shall  sell  any  substance  designed  to  be  used  as  a 
substitute  for  butter  or  cheese,  unless  he  shall  inform  the 
purchaser  distinctly,  at  the  time  of  the  sale,  that  the 
same  is  a  substitute  for  butter  or  cheese,  as  the  case  may 
be,  and  shall  deliver  to  the  purchaser,  at  the  time  of  the 
sale,  a  separate  and  distinct  copy  of  the  statement  de- 
scribed in  section  three  of  this  act;  and  no  person  shall 
use  in  any  way,  in  connection  or  association  with  the  sale, 
or  exposure  for  ^ale,  or  advertisement,  of  any  substance 
designed  to  be  used  as  a  substitute  for  butter  or  cheese, 
the  words  "buttcrine,"  "creamery,"  or  "dairy,"  or  the 
representation  of  any  breed  of  dairy  cattle,  or  any  com- 
bination of  such  words  and  representation,  or  any  other 
words  or  symbols,  or  combinations  thereof,  commonly  used 
by  the  dairy  industry  in  the  sale  of  butter  or  cheese. 

Sec.  7.  No  keeper  or  proprietor  of  any  bakery,  hotel, 
boarding-house,  restaurant,  saloon,  lunch  counter,  or  other 
place  of  public  entertainment,  or  any  person  having  charge 
thereof,  or  employed  thereat,  or  any  person  furnishing  board 
for  others  than  members  of  his  own  family,  or  for  any  em- 
ployee where  such  board  is  furnished  as  the  compensation 
or  as  a  part  of  the  compensation  of  any  such  employee, 
Pen.  Code— 37 


578  APPENDIX. 

shall  place  before  any  patron  or  employee,  for  use  as  food 
any  substance,  designed  to  be  used  as  a  substitute  for  but- 
ter and  cheese,  unless  the  same  be  accompanied  by  a  copy 
of  the  statement  described  in  section  three  of  this  act, 
and  by  a  verbal  notification  to  said  patron  that  such  sub- 
stance is  a  substitute  for  butter  or  cheese. 

Sec.  8.  No  action  can  be  maintained  on  account  of  any 
sale  or  other  contract  made  in  violation  of,  or  with  intent 
to  violate,  this  act  by  or  through  any  person  who  was  know- 
ingly a  party  to  such  wrongful  sale  or  other  contract. 

Sec.  9.  Every  person  having  possession  or  control  of  any 
substance  designed  to  be  used  as  a  substitute  for  butter 
or  cheese  which  is  not  marked  as  required  by  the  pro- 
visions of  this  act,  shall  be  presumed  to  have  known,  dur- 
ing the  time  of  such  possession  of  control,  that  the  same 
was  imitation  butter,  or  imitation  cheese,  as  the  case  may 
be. 

See.  10.  No  person  shall  efface,  erase,  cancel,  or  remove 
any  mark,  statement,  or  label  provided  for  by  this  act, 
with  intent  to  mislead,  deceive,  or  to  violate  any  of  the 
provisions   of   this   act. 

Sec.  11.  No  butter  or  cheese  not  made  wholly  from  pure 
milk  or  cream,  salt,  harmless  coloring  matter,  shall  be  used 
in  any  of  the  charitable  or  penal  institutions  that  receive 
assistance  from  the  state. 

Sec.  12.  Whoever  shall  violate  any  of  the  provisions  or 
sections  of  this  act  shall  be  deemed  guilty  of  a  misde- 
meanor, and  shall,  upon  conviction  thereof,  be  punished, 
for  the  first  offense,  by  a  fine  of  not  less  than  fifty  dollars, 
nor  more  than  one  hundred  and  fifty  dollars,  or  by  im- 
prisonment in  the  county  jail  for  not  exceeding  thirty 
days;  and  for  each  subsequent  offense,  by  a  fine  of  not 
less  than  one  hundred  and  fifty  dollars,  nor  more  than 
three  hundred  dollars,  or  by  imprisonment  in  the  county 
jail  not  less  than  thirty  days,  nor  more  than  six  months, 
or  by  both  such  fine  and  imprisonment,  in  the  discretion  of 


the  court.  One-half  of  all  the  fines  collected  under  the 
provisions  of  this  act  shall  be  paid  to  the  person  or  per- 
sons furnishing  information  upon  which  conviction  is  pro- 
cured. 

Sec.  13.  Whoever  shall  have  possession  or  control  of 
any  imitation  butter  or  imitation  cheese,  or  any  substance 
designed  to  be  used  as  a  substitute  for  butter  or  cheese, 
contrary  to  the  provisions  of  this  act,  shall  be  construed 
to  have  possession  of  property  with  intent  to  use  it  as  a 
means  of  committing  a  public  offense,  within  the  meaning 
of  chapter  three,  of  title  twelve,  of  part  two,  of  an  act 
to  establish  a  Penal  Code;  provided,  that  it  shall  be  the 
duty  of  the  officer  who  serves  a  search  warrant  issued  for. 
imitation  butter  or  imitation  cheese,  or  any  substance  de- 
signed to  be  used  as  a  substitute  for  butter  or  cheese,  to 
deliver  to  the  agent  of  the  dairy  bureau,  or  to  any  per- 
son by  such  dairy  bureau  authorized  in  writing  to  re- 
ceive the  same,  a  perfect  sample  of  each  article  seized 
by  virtue  of  such  warrant,  for  the  purpose  of  having  the 
same  analyzed,  and  forthwith  to  return  to  the  person  from 
whom  it  was  taken  the  remainder  of  each  article  seized 
as  aforesaid.  If  any  sample  be  found  to  be  imitation  butter 
or  imitation  cheese,  or  substance  designated  to  be  used 
as  a  substitute  for  butter  or  cheese,  it  shall  be  returned 
to  and  retained  by  the  magistrate  as  and  for  the  purpose 
contemplated  by  section  fifteen  hundred  and  thirty-six  of 
an  act  to  establish  a  Penal  Code;  but  if  any  sample  be 
found  not  to  be  imitation  butter  or  imitation  cheese,  or  a 
substance  designed  to  be  used  as  a  substitute  for  butter 
or  cheese,  it  shall  be  returned  forthwith  to  the  person  from 
whom   it  was  taken. 

Sec.  14.  It  shall  be  the  duty  of  the  district  attorney, 
upon  the  application  of  the  dairy  bureau,  to  attend  to  the 
prosecution,  in  the  name  of  the  state,  of  any  suit  brought 
for  the  violation  of  any  of  the  provisions  of  this  act  within 
his   district. 


oSO  APPENDIX. 

Sec.  15.  The  governor  shall  on  or  before  the  first  day 
of  July,  eighteen  hundred  and  ninety-seven,  appoint  three 
resident  citizens  of  this  state,  who  shall  have  practical 
experience  in  the  manufacture  of  dairy  products,  to  con- 
stitute a  state  dairy  bureau,  and  which  shall  succeed  the 
one  now  in  existence  in  every  respect.  Members  of  this 
bureau  shall  hold  ofiice  for  the  period  of  four  years  from 
and  after  the  first  day  of  July,  eighteen  hundred  and 
ninety-seven,  and  until  their  successors  are  appointed  and 
qualified;  provided,  that  the  first  members  appointed  under 
the  provisions  of  this  act  shall  at  their  first  meeting  so 
classify  themselves  by  lot  as  that  one  shall  go  out  of  ofiice 
aj;  the  expiration  of  two  years,  one  at  the  expiration  of 
three  years,  and  the  other  at  the  expiration  of  four 
years.  Any  vacancy  shall  be  filled  by  appointment  by  the 
governor  for  the  unexpired  term.  The  members  of  said 
bureau  shall  serve  without  compensation,  and  within  twenty 
days  after  their  appointment,  shall  take  the  oath  of  ofiice 
as  required  by  the  constitution,  and  they  shall  thereupon 
meet  and  organize  by  electing  a  chairman  and  treasurer. 
Any  one  of  them  may  be  removed  by  the  governor,  for 
neglect  or  violation  of  duty.  They  shall  make  a  report  in 
detail  to  the  legislature  not  later  than  the  first  day  of 
December  next  preceding  the  meetings  thereof. 

Sec.  16.  It  shall  be  the  duty  of  the  state  dairy  bureau 
to  secure,  as  far  as  possible,  the  enforcement  of  this  act. 
The  state  dairy  bureau  shall  have  power  to  employ  an 
agent  at  a  salary  of  twelve  hundred  dollars  a  year,  and 
such  assistants  or  chemists,  as  from  time  to  time  may  be 
necessary  therefor. 

Sec.  17.  There  is  hereby  appropriated  for  the  use  of 
this  state  dairy  bureau,  out  of  any  money  in  the  state 
treasury  not  otherwise  appropriated,  the  sum  of  five  thou- 
sand dollars  for  each  fiscal  year  hereafter,  and  commencing 
with  the  forty-ninth  fiscal  year.  All  salaries,  fees,  costs, 
and    expenses    of    every    kind   incurred    in    the    carrying   out 


BUTTER— CONSPIRACY.  6X1 

of  the  law  shall  be  drawn  from  the  sum  so  appropriated, 
and  the  state  controller  shall  draw  his  warrant  on  the 
state  treasurer  in  favor  of  the  person  entitled  to  the  same. 

Sec.  18.  All  acts  and  parts  of  acts  inconsistent  with 
this  act  are  hereby  repealed. 

See.  19.     This  act  shall  take  effect  immediately. 

For  the  prior  acts  on  this  subject,  see  Stats.  1895,  p.  41, 
and  Stats.  1881,  p.  14.       • 

Act  to  prevent  sale  of  oleomargarine  as  butter:  See  post, 
title   Oleomargarine. 


CONSPIEACY. 

An  act  to  limit  the  meaning  of  the  word  "conspiracy," 
and  also  the  use  of  "restraining  orders"  and  "injunc- 
tions," as  applied  to  disputes  between  employers  and 
employees  in  the   state  of  California. 

[Approved  March  20,   1903.     Stats.   1903,  289.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  No  agreement,  combination,  or  contract  by 
or  between  two  .or  more  pergilns  to  do  or  procure  to  be 
done,  or  not  to  do  or  procure  not  to  be  done,  any  act  in 
contemplation  or  furtherance  of  any  trade  dispute  between 
employers  and  employees  in  the  state  of  California  shall 
be  deemed  criminal,  n«r  shall  those  engaged  therein  be 
indictable  or  otherwise  punishable  for  the  crime  of  con- 
spiracy, if  such  act  committed  by  one  person  would  not 
be  punishable  as  a  crime,  nor  shall  such  agreement,  com- 
bination, or  contract  be  considered  as  in  restraint  of  trade 
or  commerce,  nor  shall  any  restraining  order  or  injunction 
be  issued  with  relation  thereto.  Nothing  in  this  act  shall 
exempt  from  punishment,  otherwise  than  as  herein  ex- 
cepted, any  persons  guilty  of  conspiracy,  for  which  pun- 
ishment is  now  provided  by  any  act  of  the  legislature,  but 


582  APPENDIX. 

sueh  act  of  the  legislature  shall,  as  to  the  agreements,  com- 
binations, and  contracts  hereinbefore  referred  to,  be  con- 
strued as  if  this  act  were  therein  contained;  provided,  that 
nothing  in  this  act  shall  be  construed  to  authorize  force  or 
violence,  or  threats  thereof. 

Sec.  2.     This  act  shall  take  effect  immediately. 

An  act  making  a  conspiracy  to  commit  any  crim-?  against 
the  person  of,  or  an  attempt  to  kill  or  commit  any 
assault  upon,  the  president  or  vice-presidenz  of  the 
United  States,  the  governor  of  any  state  or  territory, 
any  United  States  justice  or  judge,  or  the;  secretary 
of  any  executive  department  of  the  United  Urates,  a 
felony;   and  providing  a  penalty  therefor. 

[Approved  February  28,  1903.     Stats.  1903,  58.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  loUows: 

Section  1.  If  two  or  more  peuions  conspire  to  commit 
any  crime  against  the  person  of  the  president  or  vice- 
president  of  the  United  States,  the  governor  of  any  state 
or  territory,  any  United  States  justice  or  judge,  or.  the 
secretary  of  any  of  the  executive  departments  of  the 
United  States,  they  are  giMty  of  felony,  and  upon  con- 
viction thereof,  shall  be  punished  by  imprisonment  in  the 
state   prison  not  less  than   ten  years. 

Sec.  2.  Every  person  who  attempts  to  kill,  or  who  com- 
mits any  assault  upon  the  president  or  vice-president  of  the 
United  States,  the  governor  of  any  state  or  territory,  any 
United  States  justice  or  judge,  or  the  secretary  of  any  of 
the  executive  departments  of  the  United  States,  is  guilty 
of  a  felony;  and  upon  conviction  thereof,  shall  be  punished 
by  imprisonment  in  the  state  prison  not  less  than  ten 
years. 

Sec.  3.  This  act  shall  take  effect  and  bo  in  force  from 
and  after  its  passage. 


CONVICTS— CORONERS.  583 

CONVICTS. 
An  act  providing  for  the  furnishing  to  sheriffs   and  chiefs 
of  police  of  certain  information,  descriptions,  and  photo- 
graphs of  convicts  about  to  be  discharged,  by  the  war- 
dens  of   state   prisons. 
Section  1.     "Within    thirty    days    prior    to    the    expiration 
of  the  sentence  of  any  convict  confined  in  any  state  prison 
of  this  state  the  warden  of  such  state  prison  shall  forward 
to   each   sheriff   and  chief   of  police   of   this   state   a   photo- 
graph of   such  convict,   together   with   a   minute   description 
of    his    person    and    marks    of    identification,    together    with 
a   statement   of   the   nature   of   the   crime   he   is   imprisoned 
for. 

Sec.  2.  Section  one  of  this  act  shall  be  construed  so 
as  to  apply  only  to  convicts  who  have  served  a  prior 
term  or  terms  in  a  state  prison  or  house  of  correction. 

Sec.  3.  Any  expenditure  incurred  in  carrying  out  the 
provisions  of  this  act  shall  be  paid  for  out  of  the  appro- 
priation made  for  the  support  of  state 's  prisons. 

Sec.  4.  This  act  shall  take  effect  immediately  and  be 
in  force  from  and  after  its  passage.  [Stat,  approved 
March  27,  1897;  Stats.  1897,  p.  213.] 


COEONEES. 
Act  relating  to  costs  of  coroner's  inquest  in  state  prison: 
See  post,  title  Costs. 

An  act  providing  in  counties  of  the  first  class  for  the 
appointment  by  the  coroner  of  a  competent  physician 
for  the  performance  of  autopsies  upon  the  bodies  of 
deceased  persons  when  inquests  are  held,  and  fixing 
the  compensation  therefor. 

[Approved   March    14,    1895.     Stats.    1895,    52.] 

Section  1.     In    counties    of    the    first    class,    the    coroner 
shall  appoint  a  competent  physician,  whose  duties  it  shall 


5S4  APPEKDIX. 

be  to  perform  autopsies  upon  the  bodies  of  all  deceased 
persons  when  inquests  are  held.  Such  physician  shall,  after 
the  performance  of  such  autopsy,  certify  in  writing  his 
professional  opinion  as  to  the  cause  of  death,  which  certifi- 
cate shall  be  filed  with  said  coroner. 

Sec.  2.  The  physician  so  appointed  shall  receive  as 
compensation  for  his  said  services  the  sum  of  twenty-four 
hundred  dollars  per  annum,  which  shall  be  paid  out  of  the 
general  fund  of  the  county  in  monthly  installments  of  two 
hundred  dollars,  at  the  same  time  and  in  the  same  manner 
as  county  officers  are  paid. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

An  act  to  provide  an  official  stenographic  reporter  to  the 
coroner  of  each  county,  or  city  and  county,  having 
one  hundred  thousand  or  more  inhabitants,  and  pro- 
viding the  mode  in  which  such  reporter  shall  be  ap- 
pointed, and  establishing  the  compensation  and  pre- 
scribing the  duties  of  such  reporter. 

[Approved  March  26,  1895.  Stats.  1895,  168.] 
(Superseded  as  to  San  Francisco  by  its  charter.) 
Section  1.  It  shall  be  lawful  for  the  coroner  of  every 
county,  or  city  and  county,  of  this  state,  having  one  hun- 
dred thousand  or  more  inhabitants,  to  select  and  appoint 
an  official  stenographic  reporter,  such  reporter  to  hold  office 
during  the  pleasure  of  the  coroner  making  the  appoint- 
ment. 

Sec.  2.  The  said  official  reporter  shall  be  allowed  and 
shall  receive  compensation  as  follows:  One  hundred  and 
fifty  dollars  per  month. 

Sec.  3.  It  shall  be  the  duty  of  said  reporter  to  attend 
all  inquests  held  by  the  coroner  of  the  said  county,  or  city 
and  county,  and  report  in  shorthand  all  testimony  of 
witnesses,  and  all  the  proceedings  of  said  inquests,  and 
to  transcribe  the  same  into  legible  longhand,  and  furnish 
two  typewritten  copies  thereof,  and  shall  certify  the  same, 


CORONERS.  '>S4 

and  file  one  of  the  copies  with  the  said  coroner,  and  the 
other  copy  with  the  clerk  of  the  said  county,  or  city  and 
county.  He  shall  also,  within  a  reasonable  time  after  such 
testimony  is  taken  file  with  the  said  clerk  the  shorthand 
notes  taken  by  him  at  each  inquest. 

Sec.  4.  The  said  official  reporter  shall,  before  entering 
upon  the  duties  of  his  office,  take  and  subscribe  the  con- 
stitutional  oath   of   office. 

Sec.  5.  Any  report  of  the  said  official  reporter  duly  ap- 
pointed and  sworn,  when  written  out  in  longhand  writing 
and  certified  by  him  as  being  a  correct  transcript  of  the 
testimony  and  proceedings  in  the  case,  shall  be  prima  facie 
a  correct  statement  of  such  testimony  and  proceedings. 

Sec.  6.  The  salary  of  said  reporter  shall  be  audited 
and  paid  monthly  out  of  the  general  fund  of  the  said  coun- 
ty, or  city  and  county. 

Sec.  7.  This  act  shall  take  effect  from  and  after  its  pas- 
sage. 

An  act  concerning  the  attendance  of  physicians  and  sur- 
geons in  certain  cases,  and  to  provide  payment  for  mak- 
ing chemical   and  post-mortem   examinations. 

[Approved  February  8,  1872.     Stats.  1871-2,  81.] 

(The  code  commissioners  say  as  to  this  act:  "As  to  §  1, 
superseded  by  County  Government  Act,  1897,  490,  §  142.") 

Coroner  may  summon  physician,  surgeon,  or  chemist. 

Section  1.  The  coroner  or  other  officer  holding  an  in- 
quest upon  the  body  of  a  deceased  person  may  summon  a 
physician  or  surgeon  to  inspect  the  body,  or  a  chemist  to 
make  an  analysis  of  the  contents  of  the  stomach,  or  the 
tissues  of  the  body  of  the  deceased,  and  to  give  a  pro- 
fessional opinion  as  to  the  cause  of  the  death. 
Compensation. 

Sec.  2.  Any  physician,  surgeon,  or  chemist  profession- 
ally attending  as  a  witness  on  an  inquest,  or  upon  a  trial 
of    any    person    charged    with    murder    or    manslaughter,    or 


5S6  APPENDIX. 

in  cases  de  lunatico  inquirendo,  as  above  provided,  shall 
be  allowed  a  reasonable  compensation  for  such  attendance 
or  examination  by  the  board  of  supervisors,  upon  the  writ- 
ten certificate  of  the  court  or  officer  requiring  such  ser- 
vices as  to  the  extent  and  supposed  value  of  the  same; 
provided,  that  such  certificate  shall  not  be  conclusive  as 
to   the   amount   of   compensation. 

An  act  in   relation   to   coroners   in   the   city   and   county   of 
San   Francisco. 

[Approved    March    16,    1872.     Stats.    1871-2,    403.     Amended 
1873-4,   908;    1875-6,   397.] 

(The  code  commissioners  say  as  to  this  act:  "Modified 
as  to  appointees  by  §  2,  ch.  VI,  art.  IV,  charter  of  San 
Francisco;  superseded  as  to  coroners  generally  by  County 
Government  Act,  1897,  490.  See  Kuhlman  v.  Superior  Court, 
122  Cal.  636.") 

An  act  to  provide  for  furnishing  assistants  to  the  coroner 
of  each  city  or  city  and  county  having  one  hundred 
thousand  or  more  inhabitants,  and  providing  the  mode 
in  which  such  assistants  shall  be  appointed  and  desig- 
nated, and  establishing  the  compensation  and  prescrib- 
the  duties  of  such  assistants. 

[Approved   March    23,    1893.     Stats.    1893,    190.] 

(As  to  San  Francisco,   superseded  by  the  charter.) 

Section  1.  It  shall  be  lawful  for  the  coroner  of  every 
city  or  city  and  county  of  this  state  having  one  hundred 
thousand  or  more  inhabitants  to  select  and  appoint  five 
assistants.  Such  assistants  shall  hold  their  respective  of- 
fices at  the  pleasure  of  said  appointing  power. 

Sec.  2.  Such  assistants  shall  be  classified  and  desig- 
nated as  follows:  First  deputy  coroner,  second  deputy  cor- 
oner, third  deputy  coroner,  fourth  deputy  coroner,  mes- 
senger. Said  deputies  shall  be  allowed  and  receive  sala- 
ries   as    follows:     The    salary    of    the    first     deputy    shall 


CORONERS— CORPORATIONS.  587 

be  two  hundred  dollars  per  month;  the  salary  of  the  second 
deputy  shall  be  one  hundred  and  fifty  dollars  per  month; 
the  salary  of  the  third  and  fourth  deputies  shall  be  one 
hundred  and  twenty-five  dollars  per  month  each;  the  salary 
of  the  messenger  shall  be  seventy-five  dollars  per  month. 
It  shall  be  the  duty  of  said  deputies  to  act  as  deputy  cor- 
oners in  all  matters,  except  as  to  those  duties  which  are 
forbidden  to  Jbe  delegated.  It  shall  be  the  duty  of  the  mes- 
senger to  have  charge  of  the  dead-wagon,  keep  in  order 
the  morgue,  and  perform  such  other  duties  as  are  required 
by  the  coroner  or  his  deputies. 

Sec.  3.  The  salaries  of  the  said  assistants  shall  be  au- 
dited and  paid  monthly  out  of  the  general  fund  of  the  said 
city  or  city  and  county. 

This  act  shall  take  effect  from  and  after  its  passage. 

An    act    prescribing    the    fees   of    coroners,   and    elisors    and 
their  mode  of  payment. 

[Approved  March  30,  1874;  1873-4,  794.] 

Superseded  by  the  County  Government  Acts:  See  Stats. 
1897,  481,  §  105. 

COEPOEATIONS. 

An   act   to   protect   stockholders    and   persons     dealing   with 
corporations   in   this   state. 

[Approved  March  29,  1878.     Stats.  1877-8,  695.     Am'd.  1905, 
p.   78G.] 

Section  1.  Any  superintendent,  director,  secretary,  man- 
ager, agent,  or  other  officer,  who  shall  willfully  subscribe, 
existing  under  the  laws  of  this  state,  or  transacting  busi- 
ness in  the  same,  and  any  person  pretending  or  holding  him- 
self out  as  such  superintendent,  director,  secretary,  man- 
ager, agent,  or  other  officer,  who  shall  willfully  subscribe, 
sign,  indorse,  verify,  or  otherwise  assent  to  the  publication, 
either  generally  or  privately,  to  the  stockholders  or  other 
persons    dealing    with    such    corjioration,    or    its    stock,    any 


588  APPENDIX. 

untrue  or  willfully  and  fraudulently  exaggerated  report, 
prospectus,  account,  statement  of  operations,  values,  busi- 
ness, profits,  expenditures,  or  prospects,  or  other  paper  or 
document  intended  to  produce  or  give,  or  having  a  tendency 
to  produce  or  give,  to  the  shares  of  stock  in  such  corpora- 
tioiis  a  greater  value,  or  less  apparent  or  market  value  than 
they  really  possess,  or  with  the  intention  of  defrauding 
any  particular  person  or  persons,  or  the  public,  or  persons 
generally,  shall  be  deemed  guilty  of  a  felony,  and  on  con- 
viction thereof,  shall  be  punished  by  imprisonment  in  the 
state  prison  or  county  jail  not  exceeding  two  years,  or  by 
a  fine  not  exceeding  five  thousand  dollars,  or  by  both. 

Sec.   2.     All   acts  and  parts   of   acts  in   conflict   with   this 
act  are  hereby  repealed. 


COSTS. 
An  act  concerning  the  payment  of  the  expenses  and  costs 
of  the  trial  of  convicts  for  crimes  committed  in  the 
state  prison,  and  to  pay  the  costs  of  the  trial  of  escaped 
convicts,  and  to  pay  for  the  expenses  of  coroner  in- 
quests in  said  prison. 

[Approved   April    12,   1880.     Stats.   1880,   p.   43.] 

Section  1.  The  costs  and  expenses  of  all  trials  which 
have  heretofore  been  had  in  the  county  in  this  state  where 
the  state  prison  is  situated,  for  any  crime  committed  by 
any  convict  in  the  state  prison,  and  the  costs  of  guarding 
and  keeping  such  convict,  and  the  execution  of  the  sen- 
tence of  said  convict  by  said  county,  and  the  costs  and  ex- 
penses of  all  trials  heretofore  had  for  the  escape  of  any 
convict  from  the  state  prison,  and  the  costs  and  expenses 
of  all  coroner  inquests  heretofore  had  of  any  convict  at 
the  state  j)rison  by  the  county  where  said  pHson  has  been 
situated,  shall  be  certified  to  by  the  county  clerk  of  said 
county  wherein   said   trials   and   inquests   have  been   held   to 


COSTS— DAIRIES— ELECTIONS.  589 

the  board  of  state  prison  directors  for  their  approval,  and 
after  such  approval  they  shall  pay  the  same  out  of  the 
money  appropriated  for  the  support  of  the  state  prison,  to 
the  county  treasurer  of  said  county  where  said  trials  have 
been  hadj  "provided,  that  this  act  shall  not  apply  to  any 
costs  or  expenses  incurred  since  January  first,  eighteen  hun- 
dred and  seventy-three." 

Sec.  2.  This  act  shall  only  apply  to  cases  which  have 
not  been   settled  for  by   the  state. 

Sec.  3.     This  act  shall  take  effect  immediately. 


DAIEIES. 
[Dairies,  inspection  of:    See  Stats.  1899,  p.  171.] 


ELECTIONS. 

An  act  to  prohibit  ''piece  clubs,"  and  to  prevent  extortion 

from  candidates   for  office. 

[In  effect  March   14,   1878.-    Stats.   1877-8,   236.] 

(The  code  commissioners  say  of  this  act:  "Modified,  if 
not  repealed,  by  the  Purity  of  Elections  Act  of  1893,  p. 
12.") 

Section  1.  All  payments  and  contributions  of.  money 
for  election  expenses,  made  by  candidates  for  office  in  this 
state  shall  hereafter  be  assessed  and  made  by  such  candi- 
dates by  voluntary  assessment  among  themselves,  and  not 
otherwise,  and  at  meetings  to  be  called  for  such  purpose, 
at  which  meetings  none  but  candidates  for  office  at  the 
next  ensuing  election  shall  be  present  or  participate. 

Sec.  2.  Any  person  being  a  candidate  for  office  in  this 
state,  who  shall  directly  or  indirectly  pay,  or  knowingly 
cause  to  be  paid,  any  money  or  other  valuable  thing  to  any 
person,  as  an  assessment  or  contribution  for  the  expenses 
of  the  election  at  which  such  person  or  candidate  is  to  be 
voted  for,  except  the  contribution  or  assessment  so  agreed 


690  APPENDIX. 

upon  by  such  meeting  of  candidates,  shall  be  deemed  guilty 
of  a  misdemeanor,  and,  upon  conviction,  punished  accord- 
ingly. 

Sec.  3.  It  shall  not  be  lawful  for  any  committee,  con- 
vention, or  other  association,  formed  for  the  purpose  of 
nominating  a  candidate  or  candidates  for  office  in  this 
state,  to  levy,  assess,  collect,  demand,  or  receive,  directly 
or  indirectly,  any  money  or  other  valuable  thing  from  any 
candidate  or  candidates  nominated  for  office  by  such  com- 
mittee, convention,  or  other  association,  either  for  the  ex- 
penses of  printing  or  distributing  tickets,  or  for  any  of  the 
expenses  of  the  election  of  such  candidate  or  candidates, 
or  as  or  for  the  expenses  of  such  nominating  convention, 
committee,  or  other  association,  or  under  or  upon  any  pre- 
tense whatsoever. 

Sec.  4.  Any  officer  or  member  of  any  such  committee, 
convention,  or  association,  or  other  person,  -vfrho  shall  vote 
for,  aid,  authorize,  assist,  or  consent  to  any  such  levy,  as- 
sessment, or  collection  from  any  candidate  or  candidates, 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  convic- 
tion,  punished   accordingly. 

Sec.  5.  Any  person  who  shall  demand,  ask  for,  collect, 
or  receive,  either  directly  or  indirectly,  any  money  or  other 
valuable  thing  from  any  candidate  or  candidates  for  office 
in  this  state,  on  the  ground  that  such  money  or  other 
valuable  thing  has  been  assessed  to  such  candidate  or 
candidates,  or  asked  for,  demanded,  or  required  by  any 
person,  nominating  convention,  committee,  or  other  political 
association,  as  or  for  the  costs  of  printing  or  distributing 
tickets,  or  for  the  payment  of  election  expenses  of  any  kind 
or  nature  whatsoever,  or  as  or  for  the  expenses  of  such 
nominating  committee,  convention,  or  association,  shall,  for 
each  offense,  be  deemed  guilty  of  a  misdemeanor,  and,  on 
conviction,  shall  be  punished  accordingly;  but  nothing  herein 
contained  shall  prevent  the  candidates  at  any  election  from 
assembling    together    and    voluntarily    assessing    themselves 


ELECTIONS— EMIGRATION.  591 

for  any  expenses  authorized  by  law  for  the  common  good 
of  the  ticket,  and  to  collect  and  disburse  the  same  by  agents 
appointed  for  such  purpose. 

Sec.  6.  Any  person  who  shall  voluntarily  and  unsolic- 
ited oflfer  to  work  for  and  assist,  or  in  any  manner  what- 
soever contribute  to  the  nomination  or  election  of  any 
candidate  or  other  person  to  any  office  in  this  state,  for 
the  purpose  and  with  the  intent  to  have  such  candidate 
or  person  pay  for,  or  in  any  manner  compensate  such  person 
so  offering  for  such  work  or  services,  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  on  conviction,  punished  ac- 
cordingly. 

Sec.  7.  This  act  shall  apply  only  to  the  city  and  county 
of   San   Francisco. 


EIV^IGEATION. 

An  act  to  promote  emigration  from  the  state  of  California. 

[In  effect  March  26,  ]880.     Stats.   1880,   15.] 

Section  1.  It  shall  be  unlawful  for  the  owners,  officers, 
agents,  or  employees  of  any  steamship  company,  sailing 
vessel,  or  railroad  company  or  firm,  or  corporation  that 
may  be  engaged  in  this  state  in  the  transportation  of 
passengers  to  and  from  any  foreign  port,  to  withhold  ur 
refuse  any  person  or  persons  the  right  to  purchase  a 
passage  ticket  or  tickets  to  any  foreign  country  for  the 
reason  that  he  or  they  have  not  presented  a  certificate, 
card,  or  other  document  whatsoever,  showing  that  such 
person  has  paid  in  full,  or  in  part,  any  or  ail  dues,  tlebts, 
or  demands,  or  otherwise,  or  auj^  sum  whatsoever,  to  any 
society,  company,  corporation)  association,  or  individual, 
or  firm;  and  any  person  or  corporation  who  shall  violate 
the  provisions  of  this  section,  or  in  pursuance  of  any  agree- 
ment, oral  or  written,  refuse  to  sell  a  passage  ticket  to 
any  person  to  any  foreign  country,  shall  be  guilty  of  a 
misdemeanor,    and,    upon    conviction,    shall    be    punished    by 


592  .      APPENDIX. 

a  fine  of  not  less  than  one  hundred  nor  more  than  five 
hundred  dollars;  provided,  that  nothing  in  this  section  shall 
be  construed  in  any  manner  to  apply  to  any  passport  or 
other  document  required  by  law  to  be  presented,  having  the 
signature  or  seal  of  any  foreign  consul  resident  within 
this  state. 


EMPLOYMENT   AGENTS. 
An    act    defining    the    duties    and   liabilities    of    employment 
agents,    making    the    violation    thereof    a    misdemeanor 
and   fixing   penalties   therefor. 
[Approved  February  13,   1903.     Stats.   1903,  p.   14.] 

Ihe  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  Any  person,  firm,  corporation,  or  association 
pursuing  for  profit  the  business  of  furnishing,  directly  or 
indirectly,  to  persons  seeking  employment,  information  en- 
abling, or  tending  to  enable,  such  persons  to  secure  such 
employment,  or  registering  for  any  fee,  charge,  or  com- 
mission the  names  of  any  person  seeking  employment  as 
aforesaid,  shall  be  deemed  to  be  an  employment  agent  within 
the  meaning  of  this  act. 

Sec.  2.  It  shall  be  unlawful  for  an  employment  agent 
in  the  state  of  California  to  receive  directly  or  indirectly, 
any  money  or  other  valuable  consideration  from  any  per- 
son seeking  employment,  for  any  information  or  assistance 
furnished  or  to  be  furnished  by  said  agent  to  such  person, 
enabling  or  tending  to  enable  said  person  to  secure  such 
employment  prior  to  the  time  at  which  said  information 
or  assistance  is  actually  thus  furnished. 

Sec.  3.  It  shall  be  unlawful  for  any  employment  agent 
in  the  state  of  California,  to  induce,  influence,  persuade,  or 
engage  any  person  to  change  from  one  place  to  another  in 
this  state,  or  to  change  from  any  place  in  any  state,  ti'rri- 
tory,  or  country,  to  any  place  in  this  state  to  work  in  any 
branch  of  labor,  through  or  by  means  of  any  representations 
whatsoever,  whether  spoken,  written  or  advertised  in 
printed  form,  unless  such  employment  agent  shall  have  as- 


EMPLOYMENT    AGENTS.  693 

sured  himself  beyond  a  reasonable  doubt  that  such  repre- 
sentations are  true  and  cover  all  the  material  facts  affect- 
ing the  employment  in  question.  Whenever  any  such  repre- 
sentation, whereby  any  person  is  induced,  influenced,  per- 
suaded or  engaged  to  change  from  one  place  to  another  in 
this  state,  or  from  any  place  in  any  state,  territory  or  coun- 
try, to  any  place  in  this  state  to  work  in  any  branch  of  la- 
bor, shall  prove  to  be  in  any  material  degree  at  variance 
with,  or  short  of  the  truth,  the  employment  agent  responsi- 
ble for  such  representations  shall  immediately  return  to  any 
person  who  shall  have  been  influenced,  by  such  representa- 
tions, any  and  all  fees  paid  by  such  person  to  said  employ- 
ment agent  on  the  strength  of  such  representations,  together 
with  an  amount  of  money  sufficient  to  cover  all  necessary  ex- 
penses incurred  by  such  person  influenced  by  such  represen- 
tations in  going  to  and  returning  from,  any  place  he  shall 
have  been  influenced  by  such  representations  to  visit  in  the 
hope  of  employment. 

Sec.   4.     [Eepealed.     Statutes   1905,   p.   144.] 

Sec.  5.  The  tax  collector  or  license  collector  of  each  re- 
spective city,  county  or  city  and  county  of  the  state  of 
California  shall  furnish  quarterly,  to  the  commissioner  of 
the  bureau  of  labor  statistics  of  the  state  of  California  the 
name  and  address  of  each  employment  agent  doing  business 
in  said  city,  county  or  city  and  county;  provided,  that  where 
the  license  is  not  a  county  license,  but  is  collected  by  a  mu- 
nicipal government,  then  the  municipal  collector  of  said  tax 
shall  furnish  the  names  and  addresses. 

Sec.  6.  Each  employment  agent  in  the  state  of  Califor- 
nia shall  keep  a  written  record,  which  shall  show  the  name 
of  each  person  making  application  to  said  agent  for  regis- 
tration, information  or  assistance,  such  as  is  described  in 
section  two  hereof;  the  name  of  each  such  person  to  whom 
such  registration  or  information  is  furnished;  and  the 
amount  received  in  each  such  case  therefor;  the  name  of  each 
person,  who,  having  received  and  paid  for,  as  herein  con- 
templated, registration,  information  or  assistance  such  as 
Pen.  Code— 38 


594  APPENDIX. 

is  described  in  section  two  hereof,  fails  to  secure  the  em- 
ployment regarding  which  such  registration,  information 
or  assistance  is  furnished,  together  with  the  reason  why 
said  employment  was  not  by  said  person  secured,  and  the 
name  of  each  person  to  whom  return  is  made,  in  accord- 
ance with  the  provisions  of  section  three  hereof,  of  any 
money  or  other  consideration  such  as  is  in  said  section 
named,  together  with  the  amount  of  said  money,  or  the  value 
of  said    consideration,    thus   returned. 

Sec.  7.  Each  employment  agent  in  the  state  of  Califor- 
nia shall  permit  the  commissioner  of  the  bureau  of  labor 
statistics  of  said  state,  by  himself,  or  by  his  deputies  or 
agents,  to  have  at  all  times  access  to,  and  to  inspect,  the 
record  in  section  six  hereof  named,  and  upon  demand  in 
writing  therefor  by  said  commissioner,  shall  furnish  to  such 
commissioner  a  true  copy  of  said  record,  or  of  such  portion 
thereof  as  said  demand  in  writing  shall  require  a  copy  of 
to  be  thus  furnished. 

Sec.  8.  Any  employment  agent  or  other  person  violating, 
or  omitting  to  comply  with,  any  of  the  provisions  of  this 
act,  shall  be  deemed  guilty  of  misdemeanor,  and  upon  <;oii- 
viction  shall  be  punished  by  fine  not  exceeding  five  hundred 
(500)  dollars,'  or  by  imprisonment  not  exceeding  six  (6) 
months,  or  by  both  such  fine  and  imprisonment  in  the  discre- 
tion of  the  court. 

Sec.  9.  All  acts  and  parts  of  acts  inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed. 

Sec.  10.  This  act  shall  take  effect  from  and  after  the  date 
of  its  passage. 


EXPLOSIVES.  6M 

EXPLOSIVES. 
An   act    to   protect   life    and   property    against    the    careless 
and   malicious   use   or   handling   of   dynamite   and   other 
explosives. 

[Approved  March  12,  1887.     Stats.  1887,  p.   110.] 

Section  1.  It  is  the  duty  of  each  and  every  person,  con- 
tractor, firm,  association,  joint  stock  company,  and  cor- 
poration, manufacturing,  storing,  selling,  transferring,  dis- 
posing of,  or  in  any  manner  dealing  in,  or  with,  or  using, 
or  giving  out  nitro-glycerine,  dynamite,  vigorite,  hercules 
powder,  giant  powder,  or  other  high  explosive,  by  what-  - 
ever  name  known,  to  keep  at  all  times  an  accurate  journal, 
or  book  of  record,  in  which  must  be  entered,  from  time  to 
time,  as  they  are  made,  each  and  every  sale,  delivery, 
transfer,  gift,  or  other  disposition  made  by  such  person, 
firm,  association,  joint  stock  company,  or  corporation,  in 
the  course  of  business  or  otherwise,  of  any  quantity  of 
such   explosive  substance. 

Sec.  2.  Such  journal,  or  record  book,  must  show,  in  a 
legible  handwriting,  to  be  entered  therein  at  the  time,  a 
complete  history  of  each  transaction,  stating  the  name  and 
quantity  of  the  explosive  sold,  delivered,  given  away,  trans- 
ferred, or  otherwise  disposed  of;  the  name,  place  of  resi- 
dence, or  business  of  the  purchaser  or  transferee;  the  name 
of  the  individual  to  whom  delivered,  with  his  or  her  address, 
with  a  description  of  such  individual  sufficient  to  provide  for 
identification. 

Sec.  3.  Such  journal  or  record-book  must  be  kept  by 
the  person,  firm,  association,  joint  stock  company,  or  cor- 
poration so  selling,  delivering,  or  otherwise  disposing  of 
such  explosive  substance,  or  substances,  in  his  or  their 
principal  office  or  place  of  business,  at  all  times  subject 
to  the  inspection  and  examination  of  the  peace  officers  or 
other  police  authorities  of  the  state,,  county,  city  and 
county,  or  municipality  where  the  same  is  situated^  on 
proper    demand    made    therefor,    any    failure    or    neglect    to 


596  APPENDIX. 

keep  siicli  book,  or  to  make  the  proper  entries  therein  at 
the  time  of  the  transaction,  as  herein  provided,  or  to  ex- 
hibit the  same  to  the  peace  officers  or  other  police  author- 
ities on  demand,  shall  be  deemed  a  misdemeanor,  and  pun- 
ished  accordingly. 

Sec.  4.  In  addition  to  such  punishment,  and  as  a  cumu- 
lative penalty,  such  person,  firm,  association,  joint  stock 
company,  or  corporation  so  offending,  shall  forfeit,  for 
each  offense,  the  sum  of  two  hundred  and  fifty  dollars,  to 
be  recovered  in  any  court  of  competent  jurisdiction,  by 
action  at  law.  The  party  so  instituting  such  actions  shall 
not  be  entitled  to  dismiss  the  same  without  consent  of  the 
court  before  which  the  suit  has  been  instituted.  Nor  shall 
any  judgment  recovered  be  settled,  satisfied,  or  discharged, 
save  by  order  of  such  court,  after  full  payment  into  court, 
and  all  moneys  so  collected  shall  be  paid  to  the  parties 
bringing  the  suit. 

Sec.  5.  Any  person  who  in  the  public  street  or  any 
highway  of  any  county,  city  and  county,  city,  or  town  or 
city,  or  at,  in,  or  near  to  any  theater,  hall,  public  or 
private  school,  or  college,  church,  hotel,  or  other  public 
building,  or  at,  in,  or  near  to  any  private  habitation,  or  in, 
on  board  of,  or  near  any  railway  passenger  train,  or  car  or 
train,  or  cable  road,  or  car  of  the  same,  or  steam  or  other 
vessel,  engaged  in  carrying  passengers,  or  ferry-boat,  or 
other  public  place,  where  human  teings  ordinarily  pass  and 
repass,  shall  recklessly  or  maliciously  have  in  his  or  her 
possession  any  dynamite,  nitro-glycerine,  vigorite,  hercules 
powder,  giant  powder,  or  other  high  explosive;  or  who  shall 
recklessly  or  maliciously,  by  use  of  such  means  intimi- 
date, terrify,  or  endanger  any  human  being,  is  guilty  of 
a  felony,   and   on   conviction  shall   be   punished   accordingly. 

Sec.  6.  Any  person  not  regularly  engaged  in  the  manu- 
facture, sale,  transportation,  or  legitimate  use  in  blast- 
ing operations,  or  in  the  arts,  of  such  substances  as  are 
named    in    this    act,    shall    be    presumed    (prima    facie)    to 


EXPLOSIVES.  53' 

be  guilty  of  a  reckless  and  malicious  possession  thereof, 
within  the  meaning  of  the  foregoing  section,  if  any  such 
substance  is  found  upon  him,  or  in  his  possession,  in  any 
of  the  places  or  under  any  of  the  circumstances  specified 
in   the  preceding  section. 

Sec.  7.  No  person  may  knowingly  keep  or  have  in  his 
or  her  possession  any  dynamite,  vigorite,  nitro-glycerine, 
giant  powder,  hereules  powder,  or  other  high  explosive, 
except  in  the  regular  course  of  business  carried  on  by  such 
person,  either  as  a  manufacturer  thereof,  or  merchant  deal- 
ing in  the  same,  or  for  use  in  legitimate  blasting  opera- 
tions, or  in  the  arts,  or  while  engaged  in  transporting 
the  same  for  others,  or  as  the  agent  or  employee  of  others 
engaged  in  the  course  of  such  business  or  operations.  Any 
other  possession  of  any  such  explosive  substances  as  are 
named  in  this  act  is  unlawful;  and  the  person  so  unlaw- 
fully possessing  it  shall  be  punished  by  imprisonment  in 
the  state  prison  not  exceeding  five  years,  or  by  fine  not 
exceeding  five  thousand  dollars,  or  by  both  such  fine  and 
imprisonment. 

Sec.  8.  Any  person  who  maliciously  deposits  or  explodes, 
or  who  attempts  to  explode,  at,  in,  under,  or  near  any 
building,  vessel,  or  boat,  railroad,  tramroad,  or  cable  road, 
or  any  train,  or  car,  or  any  depot,  stable,  carhouse,  theater, 
school-house,  church,  dwelling-house,  or  other  place  where 
human  beings  usually  inhabit,  assemble,  frequent,  or  pass 
and  repass,  any  dynamite,  nitro-glycerine,  vigorite,  giant 
or  hereules  powder,  gunpowder,  or  other  chemical  compound, 
or  other  explosive,  with  the  intent  to  injure  or  destroy 
such  building,  vessel,  boat,  or  other  structure,  or  with  the 
intent  to  injure,  intimidate,  or  terrify  any  human  being, 
or  by  means  of  which  any  human  being  is  injured  or  en- 
dangered, is  guilty  of  a  felony,  and  on  conviction  thereof, 
shall  be  punished  by  imprisonment  in  the  state  prison  not 
less   than  one  year. 

Sec.  9.  Any  person,  firm,  or  corporation,  who  shall  take, 
carry,  or  transport,  or  cause  to  be  taken,  carried,  or  trans- 


598  APPENDIX. 

ported,  any  dynamite,  vigorite,  nitro-glycerine,  herculea 
or  giant  powder,  or  other  high  explosive,  into  the  limits 
of,  or  through,  or  across  any  incorporated  city  or  town 
of  this  state,  or  into,  through  or  across  any  harbor  for 
shipping,  in  any  manner,  condition,  or  quantity,  or  other- 
wise, in  violation  of  the  laws  or  ordinances  of  such  city 
or  town,  or  of  the  laws  or  regulations  governing  such  har- 
bor, shall,  in  addition  to  the  penalties  provided  or  imposed 
by  such  laws,  ordinances,  or  regulations,  forfeit  to  the 
state  of  California  all  such  explosive  substances,  as  well 
as  the  cases  inclosing  the  same.  Such  forfeiture  may  be 
sued  for  by  any  citizen  of  the  state,  for  himself  and  the 
state;  and  the  goods  or  property,  when  so  forfeited  and 
recovered  by  judgment  of  the  court,  shall  be  sold,  and  the 
proceeds  divided,  the  citizen  so  suing  taking  one-half  to 
himself  for  his  own  benefit,  and  paying  the  other  half 
into  the  state  treasury.  Such  action  may  be  maintained 
"in  any  court  of  competent  jurisdiction;  provided,  that  the 
state  shall  never  be  liable  to  any  cost  or  expense  for  any 
such  suit  or  proceeding. 

Sec.  10.  Any  of  the  forfeitures  provided  for  in  this 
act  may  be  taken  advantage  of,  and  sued  for,  and  recov- 
ered, by  any  peace  officer  or  policeman,  member  of  the 
police  force  of  any  city,  city  and  county,  or  town  where 
the  same  arises,  for  his  own  benefit,  notwithstanding  any 
law,  ordinance,  or  rule,  to  the  contrary. 

Sec.  11.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

FENCES  AND  TNCLOSUEES. 
An   act   to  prevent   persons   passing   through   inclosures   and 
leaving  them   open,   and   tearing   down  fences   to   make 
passage  through  inclosures. 
[Approved  March   16,   1872.     Stats.   1871-2,   384.] 
Section  1.     Any    person   passing    through   an    inclosure    of 
another  and  leaving  the   same   open,   is   guilty   of  a   misde- 


FENCES   AND   INCLOSURES.  6a» 

meaner,  and  punishable  by  a  fine  not  less  than  twenty  dol- 
lars nor  more  than  fifty  dollars. 

Sec.  2.  Any  person  willfully  or  maliciously  tearing  down 
fences  to  make  a  passage  through  an  inclosure,  is  guilty  of 
a  misdemeanor,  and  punishable  by  a  fine  not  less  than  fifty 
dollars  nor  more  than  five  hundred  dollars. 

Sec.  3.  All  fines  collected  under  the  provisions  of  this 
act  shall  be  paid  into  the  county  school  fund  of  the  county 
where  the  offense  is  committed. 

See.  4.     This  act  shall  take  effect  immediately. 

(See  next  act.) 

An  act  to  prevent  the  leaving  open  of  inclosures,  and  hunt-. 

ing  on   inclosed   lands. 

[Approved   March   23,   1876.     Stats.   1875-6,   408;    and   Stats. 

1877-8,  49;   1877-8,  776.] 

Section  1.  Every  person  who  shall  open  any  gate,  bars, 
or  fence  of  another,  for  the  purpose  of  passing  through, 
and  shall  willfully  leave  the  same  open,  without  the  per- 
mission of  the  owner,  is  guilty  of  a  misdemeanor. 

Sec.  2.  Every  person  who  willfully  opens,  tears  down, 
or  otherwise  destroys  any  fence  on  the  inclosed  land  of 
another,  is  guilty  of  a  misdemeanor. 

Sec.  3.  Every  person  who  willfully  enters  upon  the  in- 
closed land  of  another  for  the  purpose  of  hunting,  or  who 
discharges  firearms,  or  lights  camp-fires  thereon  without 
first  having  obtained  permission  of  the  owner  or  occupant 
of  said  land,  is  guilty  of  a  misdemeanor. 

Sec.  4.  Every  person  who  willfully,  carelessly,  or  negli- 
gently, while  hunting  or  camping  upon  the  inclosed  land 
of  another,  kills,  maims,  or  wounds  an  animal,  the  property 
of  another,  is  guilty  of  a  misdemeanor. 

Sec.  5.  Every  person  who,  upon  departing  from  camp, 
willfully  leaves  the  fire  or  fires  burning  or  unextinguished, 
is  guilty  of  a  misdemeanor. 

Sec.   6.     Every   person   found   guilty    of   any    of   the   mis- 

20 


600  APPENDIX. 

demeanors  herein  mentioned  shall  be  fined  not  less  than 
twenty,  nor  more  than  fifty  dollars,  and  shall  be  imprisoned 
in  the  county  jail  until  such  fine  be  satisfied,  not  exceeding 
one  day  for  every  two  dollars  thereof. 

Sec.  7.  All  acts  and  parts  of  acts  in  conflict  herewith 
are  repealed;  provided,  however,  nothing  herein  contained 
shall  be  construed  as  repealing  section  five  hundred  and 
ninety-four  of  the  Penal  Code. 

Sec.  8.  Section  three  of  this  act  shall  not  apply  to  the 
counties  of  Los  Angeles,  San  Diego,  Sutter,  San  Benito,  Del 
Norte,  El  Dorado,  Colusa,  Yuba,  Humboldt,  Amador,  Tuol- 
umne, Shasta,  Plumas,  Lassen,  Siskiyou,  Modoc,  Trinity, 
Sierra,  Placer  and  Santa  Cruz.  [Amendment  approved 
March  30,  1878;  Stats.  1877-8,  776.] 

This  section  was  also  amended  by  the  Stats.  1877-8,  49. 
That  amendment  read  as  follows:  Section  three  of  this 
act  shall  not  apply  to  the  counties  of  Los  Angeles,  San 
Diego,  Sutter,  Del  Norte,  El  Dorado,  Colusa,  Yuba,  Hum- 
boldt, Amador,  Tuolumne,  San  Luis  Obispo,  Plumas,  Lassen, 
Siskiyou,  Modoc,  Shasta,  Trinity,  Sierra  and  Placer. 


FIEES. 


An  act  to  prevent  the  destruction  of  forests  by  fire  on  pub- 
lic lands. 

[Approved   February    13,    1872.     Stats.    1871-2,   96.J 

Section  1.  Any  person  or  persons  who  shall  willfully  and 
deliberately  set  fire  to  any  wooded  country  or  forest  be- 
longing to  this  state  or  the  United  States,  within  this  state, 
or  to  any  place  from  which  fire  shall  be  communicated  to 
any  such  wooded  country  or  forest,  or  who  shall  accidentally 
set  fire  to  any  such  wooded  country  or  forest,  or  to  any 
place  from  which  fire  shall  be  communicated  to  any  such 
wooded  country  or  forest,  and  shall  not  extinguish  the  same, 
or  use  every  effort  to  that  end,  or  who  shall  build  any  fire, 
for  lawful  purpose  or  otherwise,  in  or  near  any  such  wooded 


FIRES— FISH.  601 

country,  or  forest,  and  througli  carelessness  or  neglect  shall 
permit  said  fire  to  extend  to  and  burn  through  such  wooded 
country  or  forest,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  before  a  court  of  competent  jurisdiction, 
shall  be  punishable  by  fine  not  exceeding  one  thousand  dol- 
lars, or  imprisonment  not  exceeding  one  year,  or  by  both 
such  fine  and  imprisonment;  provided,  that  nothing  herein 
contained  shall  apply  to  any  person  who  in  good  faiti  shall 
set  a  back  fire  to  prevent  the  extension  of  a  fire  already 
burning.  All  fines  collected  under  this  act  shall  be  paid 
into  the  county  treasury  for  the  benefit  of  the  common 
school  fund  of  the  county  in  which  they  are  collected. 

An   act   to   prevent   destruction   by   fire   of  property  of  con- 
tiguous  owners. 
[Approved  March  31,  1891.     Stats.  1891,  p.  473.] 

Section  1.  Every  person  who  starts  a  fire  in  hay,  grain, 
stubble,  or  grass,  without  first  carefully  providing,  by  plow- 
ing or  otherwise,  for  the  keeping  of  said  fire  within  and 
upon  the  premises  upon  which  it  is  started  or  set  out, 
and  by  reason  of  the  non-providing  of  such  barrier  any 
property  of  an  adjoining  or  contiguous  resident  or  owner 
is  injured,  damaged,  or  destroyed,  is  guilty  of  a  misde- 
meanor. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force  from 
and   after   its  passage. 


PISH. 
An  act  to  authorize  the  board  of  fish  commissioners  of  this 
state  to  purchase  the  land  on  which  the  state  fish  hatch- 
eries at  Sisson  are  now  situated,  and  appropriating  money 
therefor. 

[Approved  March  31,  1891.     Stats.  1891,  p.  258.] 
Section  1.     The  board  of  fish  commissioners  of  this  state 
are  hereby   authorized   and   empowered   to   purchase,   out   of 
the    fund    for    the    support    and    maintenance    of   the    state 


602  APPENDIX. 

hatcheries,  the  land  on  which  the  state  fish  hacheries  at 
Sisson  are  now  situated,  at  a  sum  not  to  exceed  five  hun- 
dred dollars. 

Sec.  2.  The  sum  of  five  hundred  dollars  is  hereby  ap- 
propriated out  of  any  moneys  in  the  state  treasury  not  other- 
wise appropriated,  for  the  purpose  mentioned  in  the  pre- 
ceding section. 

Sec.  3.  This  act  shall  take  effect  from  and  after  its 
passage. 

An  act  concerning  the  payment  of  the  expenses  and  costs 
of  the  trial  of  persons  charged  with  the  violation  of 
the  laws  for  the  preservation  of  fish  in  the  navigable 
waters  of  this  state. 

[Approved  February  28,  1887;   1887,  5.     Amended  1903,  20.] 

The  title  of  this  act  was  amended  by  Stats,  of  1903,  p. 
20,  so  as  to  read  as  follows: 

An  act  providing  for  the  payment  of  the  costs  and  ex- 
penses of  all  trials  and  proceedings  against  any  person 
charged  with  the  violation  of  the  laws  of  this  state 
for  the  preservation,  protection,  or  restoration  of  fish. 

The  original  act  of  1887  was  entirely  amended  in  1903, 
as  follows: 

Section  1.  The  costs  and  expenses  of  all  trials  and  pro- 
ceedings which  shall  hereafter  be  had  in  any  county  of  this 
state  against  any  person  charged  with  having  violated 
any  of  the  provisions  of  any  law  of  this  state  for  the  pres- 
ervation, protection,  or  restoration  of  fish,  shall  be  borne* 
and  paid  by  the  state.     [Amendment,  1903,  20.] 

Sec.  2.  Any  claim  against  the  state  for  the  cost  and  ex- 
penses named  in  this  act  shall  be  presented  to  the  state 
board  of  fish  commissioners,  duly  verified,  and  after  ap- 
proval and  allowance  by  said  board,  shall  be  acted  upon 
by  the  state  board  of  examiners,  and  paid  out  of  the  fish 
commission   fund.     [Amendment,   1903,  20.] 


Sec.  4.  All  acts  and  parts  of  acts  in  conflict  with  this 
act   are   hereby   repealed.     [Amendment,    1903,   20.] 

Sec.  5.  This  act  shall  take  effect  immediately.  [Amend- 
ment, 1903,  20.] 

An   act   relating  to   fishing  in   the   waters  of   this   state. 

[Approved  and  in  effect  April  23,  1880.     Stats.  1880,  p.  123, 
Ban.  ed.  388.] 

Section  1.  All  aliens  incapable  of  becoming  electors 
of  this  state  are  hereby  prohibited  from  fishing,  or  taking 
any  fish,  lobster,  shrimps,  or  shell  fish  of  any  kind,  for  the 
purpose  of  selling,  or  giving  to  another  person  to  sell, 
Every  violation  of  the  provisions  of  this  act  shall  be  a  mis- 
demeanor, punishable  upon  conviction  by  a  fine  of  not 
less  than  twenty-five  dollars,  or  by  imprisonment  in  the 
county  jail  for  a  period  of  not  less  than  thirty  days. 

This  act  was  held  unconstitutional:  In  re  Ah  Chong,  5 
Pac.  C.  L.  J.  451. 

An  act  to  provide  for  the  construction,  maintenance  and 
regulation  of  fishways  in  streams  naturally  frequented 
by  salmon,  shad,  and  other  migratory  fish. 

[Approved  April  16,   1880;   Stats.   1880,   121;   Ban.   ed.   387.] 

Section  1.  It  shall  be  the  duty  of  the  state  board  of 
fish  commissioners  to  examine,  from  time  to  time,  all  dams 
and  artificial  obstructions  in  all  rivers  or  streams  in  this 
state,  naturally  frequented  by  salmon,  shad,  or  pther  mi- 
gratory fish,  and  if,  in  their  opinion,  there  is  not  free 
passage  for  fish  over  or  around  any  dam  or  artificial  ob- 
struction, to  notify  the  owners  or  occupants  thereof  to 
provide  the  same  within  a  specified  time  with  a  durable 
and  efficient  fishway  of  such  form  and  capacity  and  in 
such  location  as  shall  be  determined  by  the  fish  commis- 
sioners, or  person  authorized  k,y  them.  If  such  fishway  is 
not  completed  to  the  satisfaction  of  said  commissioners 
within  the  time  specified,  the  owners  or  occupants  of  such 


604  APPENDIX. 

dam  or  artificial  obstruction  shall  be  deemed  guilty  of  a 
misdemeanor,  and  may  be  prosecuted  by  action  on  com- 
plaint before  any  justice's  court  or  justice  of  the  peace 
in  the  county  where  such  dam  or  artificial  obstruction  is 
situated,  and,  on  conviction,  shall  be  fined  two  hundred 
and  fifty  dollars  and  the  plaintiff  shall' recover  full  costs j 
and  one-half  of  such  fine  shall  be  for  the  benefit  of  and 
shall  be  paid  to  the  person  making  the  complaint,  and  the 
other  half  shall  be  paid  into  the  state  treasury  for  the 
benefit  of  the  fund  for  "preservation  and  restoration  of 
fish,"  and  may  be  expended  by  the  state  board  of  fish  com- 
missioners, in  their  discretion,  for  the  construction  and 
maintenance  of  fishways. 

Sec.  2.  It  shall  be  incumbent  upon  the  owners  or  oc- 
cupants of  all  dams  or  artificial  obstructions,  where  the 
state  board  of  fish  commissioners  require  such  fishways 
to  be  provided,  to  keep  the  same  in  repair,  and  open, 
and  free  from  obstructions  to  the  passage  of  fish  at  all 
times;  and  any  owners  or  occupants  of  any  such  dam  or 
artificial  obstruction  who  neglect  or  refuse  to  keep  such 
fishway  in  repair,  and  open,  and  free  from  obstruction 
to  the  passage  of  fish,  shall  be  guilty  of  a  misdemeanor, 
and  subject  to  the  same  fine,  and  which  shall  be  recovered 
in  the  same  manner,  and  applied  to  the  same  purposes, 
as  provided  in  section  one  of  this  act. 

Sec.  3.  Any  person  who  shall  willfully  or  knowingly 
destroy,  injure  or  obstruct  any  such  fishway,  or  any  per- 
son who  shall  at  any  time  take  or  catch  any  salmon,  shad,' 
or  other  migratory  fish  or  trout,  except  by  hook  and  line, 
within  three  hundred  feet  of  any  fishway  required  by 
the  state  board  of  fish  commissioners  to  be  provided  and  kept 
open,  or  shall  take  or  catch  any  such  fish  in  any  manner, 
within  fifty  feet  of  such  fish  way,  shall  be  guilty  of  a  mis- 
demeanor, and  subject  to  the  same  fine,  and  which  shall 
be  recovered  in  the  same  manner  and  applied  to  the  same 
purposes  as  provided  in  section  one  of  this  act. 


An  act  to  prevent  the  catching  of  fish  by  seines,  nets,  or 
weirs,  in  the  San  Antonio  Creek  in  the  county  of 
Alameda. 

[Approved  March   20,   1876;    1875-6,   362.] 
Use  of  seines  and  nets  unlawful. 

Section  1.  It  shall  not  be  lawful  for  any  person  to  catch 
fish  in  the  waters  of  the  San  Antonio  Creek,  in  the  county 
of  Alameda,  by  the  use  of  seines,  nets,  or  weirs.  Penalty 
for  violation. 

Sec.  2.  Any  person  violating  the  provisions  of  this  act 
shall  be  subject  to  a  penalty  of  not  less  than  fifty,  nor 
more  than  one  hundred  dollars  for  each  offense,  or  imprison-, 
ment  in  the  county  jail  of  the  county  of  Alameda  for  a 
term  of  not  less  than  thirty  nor  more  than  sixty  days, 
which  penalty  may  be  enforced  by  any  police  judge  or 
justice  of  the  peace  of  said  county. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

An    act    to    prohibit    the    destruction    of    fish    in    Alameda 
County. 
[Approved  March  28,  1878;  1877-8,  598.] 
Catching  fish  in  Lake  Chabot. 

Section  1.  It  shall  not  be  lawful  for  any  person  to 
catch,  take,  or  destroy  any  fish  of  any  kind  in  the  body 
of  water  known  as  Lake  Chabot,  in  the  San  Leandro  Creek, 
in  Alameda  County,  belonging  to  the  Contra  Costa  Water 
Company,  without  permission  of  the  owner  or  owners 
thereof. 

Catching  fish  in  San  Leandro  Creek. 

Sec.  2.  It  shall  not  be  lawful  to  take,  kill,  or  destroy 
any  brook  or  speckled  trout,  salmon,  or  salmon  trout,  or 
any  other  species  of  fish  in  San  Leandro  Creek  and  its 
branches  or  tributaries,  or  in  any  of  the  streams  or  water- 
courses of  said  county,  between  the  first  day  of  October 
of  each  year  and  the  first  day  of  April  of  the  following 
year. 


C06  APPENDIX. 

Misdemeanor. 

Sec.  3.  Any  person  violating  the  provisions  of  this  act 
shall  be  guilty  of  a  misdemeanor. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

An  act   to  prevent  the  destruction  of  fish  in   Kings   Eiver. 

[Approved  March  28,  1878.     Stats.  1877-8,  601.] 
Passage  of  fish  through  ditches  prevented,  how. 

Section  1.  The  proprietors  of  all  water-ditches  and 
flumes  drawing  their  supply  from  the  waters  of  Kings 
Eiver  shall  place  and  keep  in  good  repair  at  the  heads  of 
their  respective  ditches  or  flumes  through  which  all  the 
water  from  the  river  entering  the  ditch  or  flume  shall  pass, 
strips  of  wood  or  other  material,  the  meshes  between 
which  shall  not  exceed  one  inch  in  width,  for  the  pre- 
vention of  the  passage  of  fish  from  the  river  into  the 
flumes  or  ditches.  Any  person  taking  water  from  Kings 
Eiver  in  violation  of  the  provisions  of  this  act  is  guilty  of  a 
misdemeanor. 

An  act  for  the  preservation  of  fish  in  the   waters  of  Lake 
Bigler. 
[Approved  March  30,  1878.     Stats.  1877-8,  746.] 
Catching  fish,  except  by  hook  and  line,  in  Lake  Bigler. 

Section  1.  It  shall  not  be  lawful  for  any  person  or  per- 
sons to  catch  or  kill  any  fish  in  the  waters  of  Lake  Bigler, 
or  in  any  stream  leading  into  or  from  said  Lake  Bigler, 
with  any  seine,  gill-net,  spear,  wire  fence,  basket,  trap- 
set  net,  or  dam,  or  any  poisonous,  deleterious,  or  stupe- 
fying drug,  or  explosive  compound,  or  any  other  implement 
or  appliance,  except  by  means  of  a  hook  and  line. 

Penalty. 

Sec.  2.  Any  person  or  persons  who  shall  violate  any 
provision  of  this  act  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  before  any  justice 
of    the    peace,    in    Placer    County,    El    Dorado    County,    oi 


FISH— FLAG— GAME    LAWS.  607 

Nevada  County,  shall  be  punished  by  a  fine  of  not  less  than 
one  hundred  dollars  nor  more  than  five  hundred,  or  by 
imprisoninent  in  the  county  jail  not  less  than  thirty  days 
nor  more  than  four  months,  or  by  both  such  fine  and  im- 
prisonment, in  the  discretion  of  the  court,  for  each  and 
every  offense,  besides  the  cost  of  prosecution. 

Fines,  how  paid. 

Sec.  3.  The  district  attorney,  or  his  deputy,  of  El  Dorado 
County,  or  of  Placer  County,  or  of  Nevada  County,  which- 
ever the  informer  may  notify  as  within  the  district  attor- 
ney's jurisdiction,  shall  prosecute  such  suits,  and  upon  con- 
viction all  fines,  damages,  and  penalties  that  may  be  awarded 
or  collected  under  this  act  shall  be  paid  one-half  to  the 
district  attorney  and  one-half  to  the  informer,  share  and 
share  alike;  and  it  is  hereby  made  the  duty  of  the  district 
attorney,  or  his  appointed  deputy  of  the  counties  of  Placer, 
El  Dorado,  and  Nevada,  to  prosecute  all  cases  arising  under 
this  act. 

Sec.  4.  All  acts,  and  provisions  of  any  act  or  parts  of 
acts  conflicting  with  this  act,  are  hereby  repealed. 

Sec.  5.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

FLAG. 
[Act   to   prohibit  desecration   of:    Stats.   1899,  p.   46.] 


GAME   LAWS. 

Fish:   See  ante,  title  Fish. 

Act  to  prevent  hunting  on  inclosed  lands:  See  ante,  title 
Fences. 

An  act  for  the  protection  of  game  in  Nevada  County. 
[Approved   February   6,   1874;    1873r4,   80.] 

The  code  commissioners  say  of  this  act:  "Probably  modi- 
fied and  repealed  by  Penal  Code,  sees.  626c,  626f,  626h,  and 
626i." 


608  APPENDIX. 

An  act  to  prevent  the  destruction  of  deer  on  Monte  Diablo, 
in    Contra    Costa    County. 

[Approved   March   28,    1878;    1877-8,   599.] 

Hunting    or    killing    deed    at    Monte    Diablo — Misdemeanor. 

Section  1.  Every  person  who  shall  hunt,  pursue,  kill,  or 
destroy  any  male  or  female  deer  or  fawn  within  three  miles 
of  the  summit  of  Monte  Diablo,  in  Contra  Costa  County, 
for  the  period  of  four  years  from  the  date  of  the  passage 
of  this  act,  is  guilty  of  a  misdemeanor. 

Sec.    2.     This   act   shall    take   effect   immediately. 

An  act  to  prevent  the  capture  and  destruction  of  blue  cranes 
in  this  state. 

[Approved  March  16,  1899.     Stats.  1889,  205.] 

Section  1.  Any  person  or  persons  who  shall  willfully 
and  knowingly  shoot,  wound,  trap,  snare,  or  in  any  other 
manner  catch  or  capture  any  blue  crane  in  the  state  of 
California,  or  shall  knowingly  take,  injure,  or  destroy  the 
nest  of  any  white  or  blue  crane,  or  shall  take,  injure,  or 
destroy  any  blue  crane's  eggs,  in  the  nest  or  otherwise, 
in  said  state,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof,  before  any  justice  of  the  peace 
of  the  township  in  which  the  offense  shall  have  been  com- 
mitted, shall  be  fined  in  a  sum  not  less  than  fifty  dollars 
nor  exceeding  one  hundred  dollars,  and  cost  of  the  action 
for  each  offense,  or  may  be  imprisoned  not  less  than  fifty 
days  nor  more  than  one  hundred  days,  or  by  such  fine  and 
imprisonment   as   the   judgment   of   the   court   may   direct. 

Sec.  2.  Of  all  fines  collected  under  the  provisions  of  this 
act  one-half  shall  be  paid  to  the  informer  or  informers,  and 
one-half  shall  be  paid  into  the  county  treasury  for  the  ben- 
efit of  the  common  school  fund. 

See.  3.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 


GAME    LAWS.  «0a 

An   act   to   protect   sea-gulls   in   the   neighborhood   of   Santa 
Monica. 

[Approved   March    15,   1876;    1875-6,   287.] 
Misdemeanor. 

Section  1.  Every  person  who  willfully  kills  or  destroys 
any  of  that  species  of  sea  birds  known  as  gulls,  within  five 
miles  of  the  town  of  Santa  Monica,  in  Los  Angeles  County, 
is  guilty  of  a  misdemeanor. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

An  act  to   prevent  the  capture  and   destruction  of  mocking-- 
birds  in  this  state. 

[In  effect  February  14,  1872.     Stats.  1871-2,  102.] 

Section  1.  Any  person  or  persons  who  shall  willfully  and 
knowingly  shoot,  wound,  trap,  snare,  or  in  any  other  manner 
catch  or  capture  any  mocking-bird  in  the  state  of  California, 
or  shall  knowingly  take,  injure,  or  destroy  the  nest  of  any 
mocking-bird,  or  shall  take,  injure,  or  destroy  any  mock- 
ing bird's  eggs,  in  the  nest  or  otherwise,  in  said  state,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  before  any  justice  of  the  peace  of  the  township 
in  which  the  offense  shall  have  been  committed,  shall  be 
fined  in  a  sum  not  less  than  five  dollars  nor  exceeding  ten 
dollars,  and  cost  of  the  action  for  each  offense,  or  may  be 
imprisoned  not  less  than  five  days  nor  more  than  ten  days, 
or  by  both  such  fine  and  imprisonment,  as  the  judgment  of 
the  court  may  direct. 

Sec.    2.     All   fines    collected    under   the   provisions   of    this 
act   shall  be   paid   into   the   county   treasury   for  the   benefit 
of  the  common  school  fund. 
Pen.  Code— 39 


610  APPENDIX. 

GAS. 

An  act  to  regulate  tlie  use  of  illuminating  gas. 

[Approved  March   20,   1903.     Stats.   1903,  289.] 

The  people  of  the  state  of  California,  represented  in  sen- 
ate and  assembly,  do  enact  as  follows: 

Section  1.  Every  hotel-keeper,  lodging-house  keeper,  and 
inn-keeper,  or  keeper  of  any  place  where  rooms  are  let 
to  lodgers  in  which,  or  any  of  which  such  places  illumin- 
ating gas  is  used,  who  shall  turn  oflP,  or  cause  to  be  turned 
off  at  the  meter  the  flow  of  such  illuminating  gas,  during 
the  time  of  the  use  of  any  such  room  or  rooms,  shall  be 
guilty  of  a  misdemeanor;  provided,  however,  that  this  act 
shall  not  apply  to  any  of  the  persons  herein  enumerated, 
when  such  person  or  persons  shall  have  connected  every 
exit  orifice  upon  the  gas  fixtures  used  in  such  place  or  places 
with  a  practical  and  safe  automatic  gas  igniter. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force  imme- 
diately from  and  after  its  passage. 


GOVEENOE. 
An  act  imposing  certain  duties  upon  the  governor  of  the 
State. 
Section  1.  The  governor  shall  offer  a  standing  reward 
of  three  hundred  dollars  ($300)  for  the  arrest  of  each  per- 
son engaged  in  the  robbery  of,  or  in  an  attempt  to  rob  any 
person  or  persons  upon,  or  having  in  charge,  in  whole  or 
in  part,  any  stage  coach,  wagon,  railroad  train,  or  other 
conveyance  engaged  at  the  time  in  carrying  passengers, 
or  any  private  conveyance  within  this  state;  the  reward 
to  be  paid  to  the  person  or  persons  making  the  arrest, 
immediately  upon  the  conviction  of  the  person  or  persons 
so  arrested;  but  no  reward  shall  be  paid  except  after 
such  conviction.  [In  effect  April  3,  1876;  Stats.  1875-6,  p. 
855.] 


GRAND    ARMY— GROWING    TREES.  611 

GEAND   AKMY. 

An  act  entitled  an  act  to  prevent  persons  from  unlawfully 
using  or  wearing  the  badge  of  the  Grand  Army  of  the 
Eepublic   of   this   state. 

[Approved   March    10,    1887.     Stats.    1887,   82.] 

Section  1.  Any  person  who  shall  willfully  wear  the 
badge  of  the  Grand  Army  of  the  Eepublic,  or  who  shall  use 
or  wear  the  same  to  obtain  aid  or  assistance  thereby  within 
this  state,  unless  he  shall  be  entitled  to  use  or  wear  the 
same  under  the  rules  and  regulations  of  the  Department  of 
California,  Grand  Army  of  the  Eepublic,  shall  be  guilty  of 
misdemeanor,  and  upon  conviction  shall  be  punished  by  im-' 
prisonment  for  a  term  not  to  exceed  thirty  (30)  days  in  the 
county  jail,  or  a  fine  not  to  exceed  twenty  (20)  dollars,  or  by 
both  such  fine  or  imprisonment. 

Sec.   2.     This  act   shall   take   effect   and   be   in  force   from 
and  after  the  date  of  its  passage. 


GEOWING  TEEES. 

An  act  to  protect  the  groves  of  big  trees  in  the  counties  of 

Fresno,  Tulare,  and  Kern. 

[Approved  March  13,  1874.     Stats.  1873-4,  347.] 
Misdemeanor. 

Section  1.  Any  person  or  persons  who  shall  willfully  cut 
down  or  strip  of  its  bark,  any  tree  ' '  over  sixteen  feet  in 
diameter,"  in  the  grove  of  big  trees  situated  in  the  coun- 
ties of  Fresno,  Tulare,  or  Kern,  or  shall  destroy  any  of 
said  trees,  by  fire,  shall  be  guilty  of  a  misdemeanor,  and 
shall,  on  conviction  thereof  before  any  justice  of  the  peace 
in  said  counties,  be  fined  not  less  than  ($50)  fifty  dollars 
nor  more  than  ($300)  three  hundred  dollars,  or  imprison- 
ment in  the  county  jail  not  less  than  (25)   twenty-five  days 


612  APPENDIX. 

nor  more   than    (150)    one  hundred  and  fifty   days,   or  both 
fine  and  imprisonment,  as  the  court  may  determine. 

Disposition  of  fines. 

Sec.  2.  Upon  the  arrest  and  conviction  of  any  person 
or  persons  guilty  of  any  of  the  acts  before  mentioned,  the 
party  informing  shall  be  entitled  to  one-half  of  the  fines 
collected. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force  from 
and   after   its   passage. 


HOUSE    OF    COEEECTION. 

An  act  to  provide  for  the  commitment  of  persons  convicted 

of  crime  to  the  house  of  correction. 

[Approved    March   9,   1885;    1885,   34.] 

The   code   commissioners   say   this   act   was  superseded   by 
Stats.  1889,  111,  ch.  108;  Stats.  1889,  100,  ch.  103. 

An   act   in   relation   to   the   house   of   correction   of   the   city 
and   county  of  San  Francisco. 

[Stats.   1877-8,  953;   repealed  1893,  5.] 


INFANCY. 

Act  to  prevent  sale  of  liquors  to  minors:  See  post,  title 
Intoxicating  Liquors. 

An  act  for  the  incorporation  of  societies  for  the  prevention 
of  cruelty  to  children. 

[Approved  April  3,  1876.     Stats.  1875-6,  830.] 

Section  1.  Any  five  or  more  persons  of  full  age,  a  ma- 
jority of  whom  shall  be  citizens  and  residents  within  the 
state,  who  shall  desire  to  associate  themselves  together  for 
the  purpose  of  preventing  cruelty  to  children,  may  make, 
sign,  and  acknowledge,  before  any  person  authorized  to 
take    acknowledgments    of    deeds   of   this   state,    and   file    in 


the  office  of  the  secretary  of  state,  and  also  in  the  office 
of  the  clerk  of  the  county  in  which  the  business  of  the  so- 
ciety is  to  be  conducted,  a  certificate  in  writing,  in  which 
shall  be  stated  the  name  or  title  by  which  said  society  shall 
be  known  in  law,  the  particular  business  and  objects  of 
such  society,  the  number  of  trustees,  directors,  or  managers, 
to  manage  the  same,  and  the  names  of  the  trustees,  di- 
rectors, or  managers  of  the  society  for  the  first  year  of  its 
existence;  but  such  certificate  shall  not  be  filed  unless  the 
written  consent  and  approbation  of  the  district  judge  of 
the  district  in  which  the  place  of  business  or  principal  office 
of  such  society  shall  be  located,  be  indorsed  on  such  certifi- 
cate. 

Sec.  2.  Upon  filing  the  certificate  as  aforesaid,  the  per- 
sons who  shall  have  signed  and  acknowledged  such  certifi- 
cate, and  their  associates  and  successors,  shall  thereupon, 
by  virtue  of  this  act,  be  a  body  politic  and  corporate  by  its 
name  .stated  in  such  certificate,  and  as  such  shall  have 
power: 

First — To  have  perpetual  succession  by  its  corporate 
name. 

Second — To  sue  and  be  sued,  complain  and  defend,  in 
any  court  of  law  or  equity. 

Third — To  make  and  use  a  common  seal,  which  may  be 
affixed  by  making  an  impression  directly  in  the  paper,  and 
alter  the  same  at  pleasure. 

Fourth — To  appoint  such  officers,  managers,  and  agents, 
as  the  business  of  the  corporation  may  require. 

Fifth — To  make  by-laws,  not  inconsistent  with  the  laws 
of  this  state  or  of  the  United  States,  for  the  management 
of  its  property  and  the  regulation  ot  its  affairs. 

Sixth — To  contract  and  be   contracted  with. 

Seventh — To  take  and  hold  \>y  gift,  purchase,  grant,  de- 
vise, or  bequest,  any  property,  real  or  personal,  and  the 
same  to  dispose  of  at  pleasure.  But  such  a  corporation 
shall    not,    in   its    corporate    capacity,    hold    real    estate    the 


614  APPENDIX. 

yearly  income  derived  from  which  shall  exceed  the  sum 
of  fifty  thousand   dollars. 

Eighth — To  exercise  any  corporate  powers  necessary  for 
the  exercise  of  the  powers  above  enumerated  and  given. 

Sec.  3.  Any  society  so  incorporated  may  prefer  a  com- 
plaint before  any  court  or  magistrate  having  jurisdiction, 
for  the  violation  of  any  law  relating  to  or  affecting  chil- 
dren, and  may  aid  in  bringing  the  fact  before  such  court 
or  magistrate  in  any  proceeding  taken. 

Sec.  4.  All  magistrates,  constables,  sheriffs  and  officers 
of  police  shall,  as  occasion  may  require,  aid  tie  society  so 
incorporated,  its  officers,  members,  and  agents,  in  the  en- 
forcement of  all  laws  which  now  are  or  may  htreafter  be 
enacted  relating  to  or  affecting  children. 

Sec.  5.  The  provisions  of  this  act  shall  not  extend  or 
apply  to  any  association  or  individuals  who  shall,  in  the 
certificate  filed  as  hereinabove  provided,  use  or  specify  a 
name  or  style  the  same,  or  substantially  the  same,  as  that 
of  any  previously  existing  incorporated  society  in  this  state. 

Fines  to  be  paid  to  society:  See  next  act,  sec.  5. 

An  act  relating  to  children. 

[Approved  March  30,  1878.     Stats.  1877-8,  813.] 

Persons  selling  or  apprenticing  children  for  immoral  pur- 
pose. 
Section  1.  Any  person,  whether  as  parent,  relative, 
guardian,  employer,  or  otherwise,  having  the  care,  custody 
or  control  of  any  child  under  the  age  of  sixteen  years, 
who  shall  exhibit,  use,  or  employ,  or  who  shall  in  any 
manner  or  under  any  pretense  sell,  apprentice,  give  away, 
let  out,  or  otherwise  dispose  of  any  such  child  to  any  per- 
son, under  any  name,  title  or  pretense  in  or  for  the  voca- 
tion, occupation,  service,  or  purpose  of  singing,  playing 
on  musical  instruments,  rope  or  wire  walking,  dancing, 
jing,    or    peddling,    or    as    a    gymnast,    acrobat,    contor- 


tionist,  or  rider,  in  any  place  whatsoever,  or  for  or  in  any 
obscene,  indecent,  or  immoral  purpose,  exhibition,  or  prac- 
tice whatsoever,  or  for  or  in  any  mendicant  or  wander- 
ing business  whatsoever,  or  for  or  in  any  business,  ex- 
hibition, or  vocation  injurious  to  health  or  dangerous  to 
the  life  or  limb  of  such  child;  or  who  shall  cause,  procure, 
or  encourage  any  such  child  to  engage  therein — shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  of  not  less  than  fifty  nor  more 
than  two  hundred  and  fifty  dollars,  or  by  imprisonment 
in  the  county  jail  for  a  term  not  exceeding  six  months, 
or  by  both  such  fine  and  imprisonment;  provided,  that 
nothing  in  this  section  contained  shall  apply  to  or  affect ' 
the  employment  or  use  of  any  such  child  as  a  singer  or 
musician  in  any  church,  school,  or  academy,  or  the  teach- 
ing or  learning  of  the  science  or  practice  of  music;  or 
the  employment  of  any  such  child  as  a  musician  at  any 
concert  or  other  musical  entertainment,  on  the  written  con- 
sent of  the  mayor  of  the  city  or  president  of  the  board  of 
trustees  of  the  town  where  such  concert  or  entertainment 
shall  take  place. 

Offense,  how  punished. 

Sec.  2.  Every  person  who  shall  take,  receive,  hire,  em- 
ploy, use,  exhibit,  or  have  in  custody  any  child  under  the 
age  and  for  any  of  the  purposes  mentioned  in  the  preced- 
ing section,  shall  be  guilty  of  a  like  offense,  and  punished 
by  a  like  punishment  as  therein  provided. 

Court  to  commit  child  to  asylum. 

Sec.  3.  When,  upon  examination  before  any  court  or 
magistrate,  it  shall  appear  that  any  child,  within  the 
age  previously  mentioned  in  this  act,  was  engaged  or 
used  for  or  in  any  business,  or  exhibition,  or  vocation, 
or  purpose  designated,  and  as  mentioned  in  this  act,  and 
when  upon  the  conviction  of  any  person  having  the  cus- 
tody of  a  child  of  a  criminal  assault  upon  it,  the  court  or 
magistrate  before  whom  such  conviction  is  had  shall  deem 
it  desirable  for  the  welfare  pf  such  child  tb  at  the  person 


616  APPENDIX. 

SO  convicted  should  be  deprived  of  its  custody  thereafter, 
such  court  or  magistrate  may  commit  such  ch'ild  to  any 
orphan  asylum,  society  for  the  prevention  of  cruelty  to 
children,  charitable  or  other  institution,  or  njake  such 
other  disposition  thereof  as  now  is  or  hereafter  may  be 
provided  by  law  in  cases  of  vagrant,  truant,  disorderly, 
pauper,  or  destitute  children. 

Causing  child  to  suffer — Penalty  for. 

Sec.  4.  Whoever  shall  willfully  cause  or  permit  any 
child  to  suffer  or  who  shall  inflict  thereon  unjustifiable 
physical  pain  or  mental  suffering,  and  whoever,  having  the 
care  or  custody  of  any  child,  shall  willfully  cause  or  per- 
mit the  life  or  limb  of  such  child  to  be  endangered,  or 
the  health  of  such  child  to  be  injured,  or  any  person  who 
shall  willfully  cause  or  permit  such  child  to  be  placed  in 
such  situation  that  its  life  or  limb  may  be  endangered,  or 
its  health  shall  be  likely  to  be  injured,  shall  be  guilty  of  a 
misdemeanor. 

Fines,  how  appropriated. 

Sec.  5.  All  fines,  penalties,  and  forfeitures  imposed  and 
collected  in  any  county  of  this  state,  under  the  provisions 
of  this  and  every  act  passed,  or  which  may  be  passed, 
relating  to  or  affecting  children,  in  every  case  where'  the 
prosecution  was  instituted  or  conducted  by  a  society  in- 
corporated pursuant  to  the  provisions  of  chapter  five  hun- 
dred and  forty-nine  of  the  statutes  of  1875-6,  approved 
April  third,  eighteen  hundred  and  seventy-six,  being  an 
act  entitled  "An  act  for  the  incorporation  of  societies  for 
the  prevention  of  cruelty  to  children,"  shall,  except  where 
otherwise  provided,  inure  to  such  society  in  aid  of  the  pur- 
poses for  which  it  was  incorporated. 

Sec.  6.     This  act  shall  take   effect  immediately. 


INFANCY.  617 

An  act  for  the  protection  of  children,   and  to  prevent   and 
punish  certain  wrongs  to  children. 
[Approved  March   30,   1878.     Stats.   1877-8,   812.] 
Minor  not  to  enter  saloon — Penalty. 

Section  1.  No  minor,  under  the  age  of  sixteen  years, 
shall  be  admitted  at  any  time  to,  or  permitted  to  remain 
in,  any  saloon  or  place  of  entertainment  where  any  spirit- 
uous liquors,  or  wines,  or  intoxicating  or  malt  liquors  are 
sold,  exchanged,  or  given  away,  or  at  places  of  amuse- 
ment known  as  dance-houses  and  concert  saloons,  unless 
accompanied  by  parent  or  guardian.  Any  proprietor,  keeper, 
or  manager  of  any  such  place  who  shall  admit  such  minor 
to,  or  permit  him  or  her  to  remain  in  any  such  place,  unless 
accompanied  by  parent  or  guardian,  shall  be  guilty  of  a 
misdemeanor. 

Begging  restrained — Penalty  for  violation. 

Sec.  2.  Every  person  having  the  care,  custody,  or  con- 
trol of  any  child  under  the  age  of  sixteen  years  shall  re- 
strain such  child  from  begging,  whether  actually  begging 
or  under  the  pretext  of  peddling.  Any  person  offending 
against  this  section  shall  be  arrested  and  brought  before 
a  court  or  magistrate,  and  for  the  first  offense  shall  be 
reprimanded,  and  for  each  subsequent  offense  shall  be  guilty 
of  a  misdemeanor. 

Penalty   for   begging. 

Sec.  3.  Any  child,  apparently  under  the  age  of  sixteen 
years,  that  comes  within  any  of  the  following  descriptions 
named: 

(a)  That  is  found  begging,  or  receiving  or  gathering  alms 
(whether  actually  begging,  or  under  the  pretext  of  sell- 
ing or  offering  for  sale  anything),  or  being  in  any  street, 
road,  or  public  place  for  the  purpose  of  so  begging,  gather- 
ing, or  receiving  alms. 

(b)  That  is  found  wandering  and  not  having  any  house 
or  settled  place  of  abode,  or  proper  guardianship,  or  visible 
means  of  subsistence. 


61S  •  APPENDIX. 

(c)  That  is  found  destitute,  either  being  an  orphan,  or 
having  a  vicious  parent  who  is  undergoing  penal  servitude 
or   imprisonment. 

(d)  That  frequents  the  company  of  reputed  thieves  or 
prostitutes,  or  houses  of  prostitution  or  assignation,  or 
dance-houses,  concert-saloons,  theaters,  and  varieties,  or 
places  specified  in  the  first  section  of  this  act,  without 
parent  or  guardian,  shall  be  arrested  and  brought  before 
a   court   or  magistrate. 

— When,  upon  examination  before  a  court  or  magistrate, 
it  shall  appear  that  any  such  child  has  been  engaged  in 
any  of  the  aforesaid  acts,  or  comes  within  any  of  the 
aforesaid  descriptions,  such  court  or  magistrate,  when  it 
shall  deem  it  expedient  for  the  welfare  of  the  child,  may 
commit  such  child  to  an  orphan  asylum,  society  for  the 
prevention  of  cruelty  to  children,  charitable  or  other  in- 
stitution, or  make  such  other  disposition  thereof  as  now  is 
or  may  hereafter  be  provided  by  law  in  cases  of  vagrant, 
truant,  disorderly,  pauper,  or  destitute  children. 
Child  not  to  be  confined. 

Sec.  4.  No  child  under  restraint  or  conviction,  appar- 
ently under  the  age  of  sixteen  years,  shall  be  placed  in  any 
prison  or  place  of  confinement,  or  in  any  courtroom,  or 
in  any  vehicle  for  transportation  to  any  place,  in  com- 
pany with  adults  charged  with  or  convicted  of  crime,  ex- 
cept in  the  presence  of   a  proper  official. 

Sec.  5.     This  act  shall  take  effect  immediately. 


INTEEPEETEES. 
An   act   to   authorize   the   appointment   of   an   interpreter  of 
the  Italian  language  and  dialects,  in   criminal  proceed- 
ings, in  cities   and  cities  and  counties  of  one   hundred 
thousand  inhabitants. 

[Approved    March    12,    1885.     Stats.     1885,    108.     Amended 
1895,  37.] 
Section  1.     In  all   cities   and  cities   and  counties   of   over 
one    hundred    thousand    inhabitants,    where    an    interpreter 


INTERPRETERS— INTOXICATING    LIQUORS.  619 

of  the  Italian  language  is  necessary,  it  shall  be  the  duty 
of  the  mayor  and  police  judge  of  such  city,  or  city  and 
county,  and  of  the  judge  of  the  superior  court  of  said  city 
and  county,  or  of  the  county  in  which  said  city  is  situated, 
or  where  there  are  more  judges  than  one,  then  it  shall 
be  the  duty  of  the  presiding  judge  of  said  superior  court 
and  the  presiding  judge  of  the  police  court  and  the  mayor, 
to  appoint  an  interpreter  of  the  Italian  language,  who  must 
be  able  to  interpret  the  Italian  language  and  dialects  into 
the  English  language,  to  be  employed  in  criminal  proceed- 
ings when  necessary  in  said  cities,  or  cities  and  counties. 
[Amendment  approved  March  9,  1895;  Stats.  1895,  37.  In 
effect  immediately.] 

Sec.  2.  The  said  interpreter  shall  receive  a  salary  of  fif- 
teen hundred  dollars  per  annum,  which  shall  be  paid  out 
of  the  general  fund  of  such  city,  or  city  and  county. 

See.  3.  This  act  shall  not  repeal  any  act  heretofore  made 
and  now  in  force  for  the  appointment  of  interpreters,  except 
so  much  of  any  act  which  may  conflict  with  this  act  in  the 
appointment  of  Italian  interpreters. 

This  act  is  superseded  as  to  San  Francisco  by  chapter  I 
of  article  V  of  the  charter  of  that  city. 

An  act  in  relation  to  interpreters  before  grand  juries. 
[Approved  and  in  effect  March  23,  1872.  Stats.  1871-2, 
540.] 
Section  1.  The  grand  jury  or  district  attorney  may  require 
by  subpoena,  the  attendance  of  any  person  before  the  grand 
jury  as  interpreter,  and  the  interpreter  may  be  present  at 
the  examination  of  witnesses  before  the  grand  jury. 


INTOXICATING    LIQUOES. 

An  act  to  prevent  the  sale  of  intoxicating  liquors  to  minor 

children. 

[Approved   March    11,    1891.     Stats.    1891,   91.] 
Section    1.     Every    person    who    sells    or    gives,    or    causes 
to  be  delivered,   to   any   minor  child,  male  or  female,  under 


620  APPENDIX. 

the  age  of  eighteen  years,  any  intoxicating  drink  in  any 
quantity  whatsoever,  or  who,  as  proprietor  or  manager  of 
any  saloon  or  public  house  where  intoxicating  liquors  are 
sold,  permits  any  such  minor  child  under  the  age  of  eighteen 
years  to  visit  said  saloon  or  public  house  where  intoxicating 
liquors  are  sold,  for  the  purpose  of  gambling,  playing  cards, 
billiards,  pool,  or  any  game  of  chance,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  shall,  upon  conviction  thereof,  be 
punished  by  a  fine  of  not  less  than  one  hundred  dollars  nor 
more  than  three  hundred  dollars,  and  in  default  of  payment 
of  said  fine  shall  be  imprisoned  in  th'e  county  jail  for  a 
period  of  not  less  than  one  hundred  days. 

Sec.  2.  All  acts  in  conflict  with  this  act  are  hereby  re- 
pealed. 

Sec.  3.  This  act  shall  take  effect  immediately  upon  its 
passage. 

See  former  act  on  this  subject  in  Stats.  1871-2,  231. 

See  later  act  on  this  subject  as  follows: 

An  act  to  prevent  the  selling,  giving  or  delivering  intoxi- 
cating liquors  to  minor  children,  and  to  prevent  minor 
children  visiting  saloons  or  public  houses  where  intoxi- 
cating liquors   are  sold. 

[Approved   March   20,   1903.     Stats.   1903,  458.] 

The  people  of  the  state  of  California,  represented  in  the 
senate  and  assembly,  do  enact  as  follows: 
Section  1.  Every  person  who  sells,  gives  or  delivers  to 
any  minor  child,  male  or  female,  under  the  age  of  eighteen 
years,  any  intoxicating  drink  in  any  quantity  whatsoever, 
or  who,  as  proprietor  or  manager  of  any  saloon  or  public 
house  where  intoxicating  liquors  are  sold,  permits  any  such 
minor  child  under  the  age  of  eighteen  years,  to  visit  said 
saloon  or  public  house  where  intoxicating  liquors  are  sold, 
shall  be  guilty  of  a  misdemeanor,  and  shall,  upon  convic- 
tion thereof,  be  punished  by  a  fine  of  not  more  than  three 


INTOXICATING    LIQUORS.  621 

hundred  dollars,  or  by  imprisonment  in  the  county  jail 
for  a  period  not  exceeding  one  hundred  and  fifty  days,  or 
by  both  such  fine  and  imprisonment;  provided,  that  this 
act  shall  not  apply  to  the  parents  of  such  children  or  to 
guardians  of  their  wards. 

Sec.  2.  All  acts  in  conflict  with  this  act  are  hereby  re- 
pealed. 

Sec.  3.  This  act  shall  take  effect  immediately  upon  its 
passage. 

An  act  to  prevent  the  sale  of  intoxicating  liquors  to  per- 
sons addicted  to  the  inordinate  use  of  intoxicating, 
liquors. 

[Approved  March   19,   1889.     Stats.   1889,   352.] 

Section  1.  Any  person  who,  after  receiving  notice  that 
a  person  named  in  said  notice  is  addicted  to  the  inordinate 
use  of  intoxicating  liquors,  should  the  person  named  in 
said  notice  be  so  addicted,  shall  thereafter,  within  a  period 
of  twelve  months,  furnish  to  said  person  so  addicted  to 
the  inordinate  use  of  intoxicating  liquors  any  spirituous 
liquors,  wines,  or  intoxicating  or  malt  liquors,  shall  be 
guilty  of  a  misdemeanor,  and  punishable  by  imprisonment 
in  the  county  jail  not  exceeding  six  months,  or  by  fine  not 
exceeding  two  hundred  dollars,  or  by  both  such  fine  and 
imprisonment.  Said  notice  shall  be  in  writing,  and  may 
be  given  by  any  adult  member  of  the  family  of  said  per- 
son so  addicted  to  the  inordinate  use  of  intoxicating  liquors, 
or  by  any  adult  relative  of  said  person  so  addicted  to  the 
inordinate  use  of  said  intoxicating  liquors. 

Sec.  2.  The  provisions  of  this  act  shall  not  prohibit  any 
regularly  licensed  physician  from  furnishing  cr  prescrib- 
ing said  liquors  in  case  of  sickness. 

Sec.  3.  This  act  shall  take  effect  from  and  after  its  pas- 
sage. * 


622  APPENDIX. 

An   act   to   prevent   the   sale   of   intoxicating  liqnors   in    the 
immediate   vicinity  of  soldiers'  homes. 

[Approved   March  26,   1895.     Stats.   1895,   161.] 

Section  1.  Every  person  who  sells  or  gives  away  any 
ale,  beer,  wine,  cider,  or  other  intoxicating  liquors,  within 
one  and  one-half  miles  outside  of  the  boundary  line  of 
the  lands  occupied  by  any  home,  retreat,  or  asylum  for 
disabled  volunteer  soldiers,  or  soldiers  and  sailors,  which 
has  been  or  may  hereafter  be  established  by  the  govern- 
ment of  the  United  States,  within  the  state  of  California, 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  not  less  than  twenty-five  dollars  nor  more 
than  one  hundred  dollars,  and  in  addition  to  such  fine  shall 
be  imprisoned  in  the  county  jail  thirty  days;  and  upon 
the  conviction  of  the  owner  or  keeper  thereof,  the  place 
wherein  such  intoxicating  liquors  shall  have  been  sold  or 
given  away  shall  be,  by  order  of  the  court  wherein  such 
conviction  is  made,  within  ten  days  thereafter,  shut  up 
and  abated  as  a  nuisance.  And  it  is  hereby  made  the  duty 
of  the  district  attorney  of  the  county  in  which  any  such 
institution  is  or  may  be  located  to  prosecute  all  offenders 
against   the   provisions   of   this   act. 

Sec.  2.  This  act  shall  take-  effect  from  and  after  its 
passage. 

An    act   to    prevent    the    sale    of   intoxicating   beverages   on 
election  days. 

[Approved  and  in  effect  March  7,  1874.     Stats.  1873-4,  297.] 

Section  1.  It  shall  not  be  lawful  for  any  person  or  per- 
sons keeping  a  public  house,  saloon,  or  drinking  place, 
either  licensed  or  unlicensed,  to  sell,  give  away,  or  furnish 
spirituous  or  malt  liquors,  wine,  or  any  other  intoxicating 
beverages,  on  any  part  of  any  day  set  apart,  or  to  be  set 
apart,  for  any  general  or  special  election  by  the  citizens 
in  any  election  district  or  precinct  in  any  of  the  counties 
of  the   state   where   an  election  is  in  progress,  during  the 


INTOXICATING   LIQUORS— JUVENILE   COURT.  623 

hours  when  by  law,  in  said  district  or  precinct,  the  election 
polls  are  required  to  be  kept  open. 

Sec.  2.     Any  person  or  persons  violating  the  provisions  of 
this  act  shall  be  deemed  guilty  of  a  misdemeanor. 

An  act  to  prohibit   the   sale   of  intoxicating  liquors   in   the 

state  Capitol  building. 
[Approved  and  in  effect  April  16,  1880.  Stats.  1880,  80, 
Ban.  ed.  273.] 
Section  1.  Any  person  or  persons  having  in  charge  or 
control  the  state  capitol  building,  and  allowing  the  same, 
or  any  portion  thereof,  to  be  used  for  the  sale  or  distri- 
bution in  any  manner,  for  profit,  of  any  malt  or  spirituous 
liquors,  shall  be  guilty  of  a  misdemeanor,  and  shall,  upon 
conviction,  be  punished  by  a  fine  of  not  less  than  one  thou- 
sand dollars. 

An   act   to   prohibit   the   sale   of   intoxicating  liquors  within 
two  miles  of  the  University  of  California. 
[Approved    December   23,   1873;    1873-4,   12.] 
Superseded   by   Penal    Code,    sec.    172,    as   amended    April 
3,  1876. 

JUVENILE  COUET. 
An  act  to  amend  an  act  entitled,  "An  act  defining  and 
providing  for  the  control,  protection  and  treatment  of 
dependent  and  delinquent  children;  prescribing  the  pow- 
ers and  duties  of  courts  with  respect  thereto;  providing 
for  the  appointment  of  probation  officers,  and  prescrib- 
ing their  duties  and  powers;  providing  for  the  separation 
of  children  from  adults  when  confined  in  jails  or  other 
institutions;  providing  for  the  appointment  of  boards 
to  investigate  the  qualifications  of  organizations  receiv- 
ing children  under  this  act,  and  prescribing  the  duties 
of  such  boards;  and  providing  when  proceedings  under 
this  act  shall  be  admissible  in  evidence."  Approved 
February  26,  1903. 

[Approved    March    22,    1905.     Stats.    1905,    p.    806.J 


624  APPEISTDIX. 

Section  1.  The  title  of  said  act  is  amended  so  as  to  read 
as  follows:  "An  act  defining  and  providing  for  the  control, 
protection  and  treatment  of  dependent  and  delinquent  chil- 
dren; defining  such  children;  prescribing  the  powers  and 
duties  of  courts  in  respect  thereto;  providing  for  the  crea- 
tion and  appointment  of  probation  officers,  and  prescrib- 
ing their  duties,  powers,  terms  of  office  and  compensation; 
providing  for  the  commitment  and  confinement  of  such  chil- 
dren; providing  for  the  creation  and  appointment  of  boards, 
to  be  known  as  probation  committees;  to  investigate  the 
qualifications  of  organizations  receiving  children  under  this 
act;  and  prescribing  the  powers  and  duties  of  such  boards, 
with  respect  to  probation  officers  and  otherwise,  and  pre- 
scribing the  terms  of  office  of  the  members  of  such  boards; 
providing  for  the  powers  of  courts  and  judges  with  respect 
to  the  appointment  of  probation  officers  and  removal  of 
same,  and  with  respect  to  probation  committees  and  mem- 
bers thereof;  and  providing  when  proceedings  under  this 
act  shall  be  admissible  in  evidence. ' ' 

Sec.  2.  Section  1  of  said  act  is  hereby  amended  so  as  to 
read  as  follows: 

Section  1.  This  act  shall  apply  only  to  children  under 
the  age  of  sixteen  years  not  now  or  hereafter  inmates  of  a 
state  institution.  For  the  purposes  of  this  act  the  words 
"dependent  child"  shall  mean  any  child  under  the  age  of 
sixteen  years  who  is  found  begging,  or  receiving  or  gath- 
ering alms  (whether  actually  begging  or  under  the  pretext 
of  selling  or  offering  for  sale  anything),  or  being  in  any 
street,  road,  or  public  place  for  the  purpose  of  so  begging, 
gathering  or  receiving  alms;  or  who  is  found  wandering  and 
not  having  any  home  or  settled  place  of  abode,  or  proper 
guardianship,  or  visible  means  of  subsistence;  or  who  is 
found  destitute,  or  whose  home,  by  reason  of  neglect,  cruelty 
or  depravity  on  the  part  of  either  of  its  parents  or  of  its 
guardian,  or  other  person  in  whose  care  it  may  be,  is  an 
unfit  place  for  such  child;  or  who  frequents  the  company  of 
reputed  criminals  or  prostitutes,  or  who  is  found  living 
or  being  in  any  house  of  prostitution  or  assignation,  or  who 
habitually  visits,  without  parent  or  guardian,  any  saloon, 
or  place  where  any  spirituous  liquors  or  wine,  or  intoxicating 
or  malt  liquors  are  sold,  exchanged,  or  given  away,  or  who 
is   incorrigible,    or   who    is   a    persistent   truant   from   school. 


JUVENILE    COURT.  '325 

The  words  "delinquent  child"  shall  include  any  child  under 
the  age  of  sixteen  years  who  violates  any  law  of  this  state, 
or  any  ordinance  of  any  town,  city,  county,  or  city  and 
county  of  this  state. 

Sec.  3.  Section  2  of  said  act  is  hereby  amended  to  read 
as  follows: 

Section  2.  In  counties  having  more  than  one  judge  of  a 
superior  court,  the  judges  of  such  court  may  from  time  to 
time  designate  one  or  more  of  their  number  whose  duty 
it  shall  be  to  hear  all  cases  coming  under  this  act.  In 
counties  of  the  first  class,  such  designation  shall  be  made 
by  the  presiding  judge.  The  orders  and  findings,  if  any, 
of  the  superior  court,  in  all  cases  coming  under  the  pro- 
visions of  this  act,  shall  be  entered  in  a  book  to  be  kept 
for  that  purpose  and  known  as  the  "Juvenile  Eecord, "  and 
the  court  acting  under  this  act  shall  be  called  the  "Ju- 
venile Court."  In  justices'  courts  having  more  than  one 
justice  of  the  peace,  and  in  police  courts  having  more  than 
one  judge,  the  justices  of  the  peace  and  the  judges  of  the 
police  courts,  from  time  to  time  may  designate  one  of  their 
respective  number  whose  duty  it  shall  be  to  hear  all  cases 
coming  under  this  act.  All  cases  coming  under  the  provi- 
sions of  this  act  shall  be  heard  at  a  special  separate  session 
of  the  court,  and  no  matter  other  than  cases  under  this 
act  shall  be  on  the  calendar,  or  shall  be  heard  at  such 
session,  nor  shall  there  be  permitted  to  be  present  at  such 
session  any  person  on  trial,  or  awaiting  trial,  or  under  ac- 
cusation of  crime,  who  does  not  come  under  the  provisions 
of  this  act. 

Sec.  4.  Section  .3  of  said  act  is  hereby  amended  to  read 
as  follows: 

Section  3.  Any  citizen  of  the  state  may  file  with  the 
clerk  of  the  superior  court  a  petition  showing  that  there 
is  within  the  county,  or  residing  within  the  county,  a  de- 
pendent child,  and  praying  that  the  superior  court  deal  with 
such  child  as  provided  in  this  act.  Such  petition  shall  be 
verified,  and  shall  contain  a  statement  of  the  facts  consti- 
tuting such  dependency  as  provided  in  section  one  of  this 
act.     There  shall  be  no  fee  for  filing  said  petition. 

Sec.  5.  Section  4  of  said  act  is  hereby  amended  to  read 
as  follows: 

Section  4.  Upon  the  filing  of  the  petition,  provided  for 
Pen.    Code— 40 


626  APPENDIX. 

in  section  three  hereof,  a  citation  shall  issue,  requiring  the 
person  having  custody  or  control  of  the  child,  or  with  whom 
the  child  may  be,  to  appear  with  the  child  at  a  place  and 
time  stated  in  the  citation.  Service  of  such  citation  must 
be  made  at  least  twenty-four  hours  before  the  time  stated 
therein.  The  parents  or  guardian  of  the  child,  if  residing 
in  the  county  in  which  the  court  sits,  and  if  their  places 
of  residence  be  known  to  the  petitioner,  or  if  there  be  neither 
parent  nor  guardian  so  residing,  or  if  their  places  of  resi- 
dence be  not  known  to  petitioner,  then  some  relative  of 
the  child,  if  there  be  any  residing  in  said  county,  and  if 
his  residence  and  relationship  to  such  child  be  known  to 
petitioner,  shall  be  notified  of  the  proceedings  by  service 
of  citation  requiring  them  to  appear  at  the  time  and  place 
to  be  stated  in  such  citation.  In  any  case,  the  judge  may 
appoint  some  suitable  person  to  act  in  behalf  of  the  child, 
and  may  order  such  further  notice  of  the  proceeding  to  be 
given  as  he  may  deem  proper.  If  any  person  cited  as 
herein  provided,  shall  fail,  without  reasonable  cause,  to  ap- 
pear and  abide  by  the  order  of  the  court,  or  to  bring  the 
child,  if  so  required  in  the  citation,  such  failure  shall  con- 
stitute a  contempt  of  said  court  and  may  be  punished  as 
provided  for  in  cases  of  contempt  of  court.  In  case  any 
such  citation  cannot  be  served,  or  the  party  served  fails 
to  obey  the  same,  and  in  any  case  in  which  it  shall  be  made 
to  appear  to  the  court  that  such  citation  will  be  ineffectual, 
a  warrant  of  arrest  may  issue  on  the  order  of  the  court, 
either  against  the  parent  or  guardian,  or  the  person  hav- 
ing the  custody  of  the  child,  or  with  whom  the  child  may 
be,  or  against  the  child  itself,  or  any  of  said  persons;  or 
if  there  be  no  person  to  be  served  with  citation  as  above 
provided,  a  warrant  of  arrest  may  be  issued  against  the 
child  immediately.  On  the  return  of  the  citation  or  other 
process,  or  as  soon  thereafter  as  may  be,  the  court  shall 
proceed  to  hear  and  dispose  of  the  case  in  a  summary  man- 
ner. Until  the  final  disposition  of  any  case,  the  child  may 
be  retained  in  the  possession  of  the  person  having  charge 
of  the  same,  or  may  be  kept,  upon  the  order  of  the  court, 
in  some  suitable  place,  provided  by  the  county,  or  city  and 
county,  or  may  be  held  otherwise,  as  the  court  may  direct. 

Sec.  6.     Section  5  of  said  act  is  hereby  amended  to  read 
as  follows: 


JUVENILE    COURT.  627 

Section  5.  When  any  child  under  the  age  of  sixteen  years 
shall  be  found  by  said  court  or  judge  or  justice  to  be  de- 
pendent, within  the  meaning  of  this  act,  the  court  may 
make  an  order  committing  the  child,  for  such  time  during 
its  minority  as  the  court  may  deem  fit,  to  the  care  of  some 
reputable  citizen  of  good  moral  character,  or  to  the  care 
of  some  association,  society  or  corporation  willing  to  re- 
ceive it,  embracing  in  its  objects  the  purpose  of  caring  for 
or  obtaining  homes  for  dependent  or  neglected  children,  or 
to  the  care  of  the  probation  officers  or  other  person  to  re- 
main in  the  home  of  the  child.  The  court  may  thereafter 
set  aside,  change  or  modify  such  order. 

Sec.  7.  Section  6  of  said  act  is  hereby  amended  to  read, 
as  follows: 

Section  6.  The  judge  of  the  superior  court  in  and  for 
each  county  or  city  and  county  of  the  state,  or  where  there 
are  more  than  one  judge  of  said  court,  a  majority  of  the 
judges  thereof  by  an  order  entered  in  the  minutes  of  such 
court,  shall  appoint  seven  discreet  citizens  of  good  moral 
character,  and  of  either  sex,  to  be  known  as  probation  com- 
mittee, and  shall  fill  all  vacancies  occurring  in  such  com- 
mittee. The  clerk  of  said  court  shall  immediately  notify 
each  person  appointed  on  said  committee  and  thereupon  said 
persons  shall  appear  before  the  judge  of  said  juvenile  court, 
if  there  be  one,  or  otherwise  before  a  judge  of  said  superior 
court  in  said  county  and  qualify  by  taking  oath,  to  be 
entered  in  said  juvenile  record,  if  any,  or  in  the  minutes 
of  said  superior  court,  to  faithfully  perform  the  duties  of  a 
member  of  such  probation  committee. 

Sec.  8.  Section  7  of  said  act  is  hereby  amended  to  read 
as  follows: 

Section  7.  The  members  of  such  probation  committees 
shall  hold  office  for  four  years,  and  until  their  successors 
are  appointed,  provided,  that  of  those  first  appointed,  one 
shall  hold  office  for  one  year,  two  for  two  years,  two  for 
three  years,  and  two  for  four  years,  the  terms  for  which 
the  respective  members  first  appointed  shall  hold  office  to 
be  determined  by  lot  as  soon  after  their  appointment  as 
may  be.  When  any  vacancy  occurs  in  any  probation  com- 
mittee by  expiration  of  the  term  of  office  of  any  member 
thereof,   the    successor   shall   be    appointed   to    hold   for    the 


62S  APPENDIX. 

term  of  four  years;  when  any  vacancy  occurs  for  any  other 
reason,  the  appointee  shall  hold  for  the  unexpired  term  of 
his  predecessor. 

See.  9.  Section  8  of  said  act  is  hereby  amended  to  read 
as  follows: 

Section  8.  The  members  of  the  probation  committee  shall 
serve   without  compensation. 

Sec.  10.  Section  9  of  said  act  is  hereby  amended  to  read 
as  follows: 

Section  9.  The  superior  court  or  any  judge  thereof  may 
at  any  time  require  said  probation  committee  or  a  proba- 
tion officer  to  examine  into  the  qualifications  and  manage- 
ment of  any  society,  association  or  corporation,  other  than 
a  state  institution,  applying  to  receive  any  child  or  children 
under  this  act,  and  to  report  to  the  court,  provided  that 
nothing  in  this  section  shall  be  construed  as  giving  any 
probation  committee  or  probation  officer  any  power  to  enter 
any  institution  without  the  consent  of  such  institution. 

It  shall  be  the  duty  of  each  probation  committee  prior  to 
December  first  in  each  year  to  prepare  a  report  in  writing 
on  the  qualifications- and  management  of  all  societies,  as- 
sociations and  corporations,  except  state  institutions,  ap- 
plying for  or  receiving  any  child  under  this  act  from  the 
courts  of  their  respective  counties,  and  in  said  report  said 
committee  may  make  such  suggestions  or  comments  as  to 
them  may  seem  fit;  said  report  to  be  filed  in  the  office  of 
the  clerk  of  the  court  appointing  such  committee,  for  the 
information  of  the  judges  thereof. 

Sec.  11.  Section  10  of  said  act  is  hereby  amended  to 
read  as  follows: 

Section  10.  In  counties  of  the  first  class  there  shall  be 
one  probation  officer  and  not  more  than  five  deputy  proba- 
tion officers;  in  counties  of  the  second  class,  one  probation 
officer  and  not  more  than  one  deputy  probation  officer;  in 
all  other  counties  there  shall  be  one  probation  officer. 

In  any  county  or  city  and  county  additional  deputy  pro- 
bation officers  may  be  appointed  and  their  appointment  ap- 
proved or  disapproved  as  hereinafter  provided,  from  time 
to  time  when  in  the  opinion  of  the  court  it  may  be  neces- 
sary,  provided    that    they   serve   without    salary. 

See.  12.  Section  11  of  said  act  is  hereby  amended  to 
read  as  follows: 


JUVENILE    COURT.  629 

Section  11.  The  salaries  of  the  probation  officers  and 
deputy  probation  officers  (except  as  herein  otherwise  pro- 
vided) shall  be  as  follows,  and  shall  be  paid  out  of  the 
county  treasury  of  the  county  for  which  they  are  appointed, 
after  being  allowed  and  audited  in  the  same  manner  as  the 
salaries  of  other  county  officers: 

In  counties  of  the  second  class  the  probation  officer  shall 
receive  $125  per  month,  and  the  deputy  probation  officer 
seventy-five  dollars  per  month.  In  all  other  counties,  the 
probation  officer  and  the  deputy  probation  officers  shall 
serve  without  compensation,  provided,  however,  that  the  pro- 
bation officer  and  deputy  probation  officers  in  all  the  coun- 
ties of  the  state  shall  be  allowed  such  necessary  incidental 
expenses  as  may  be  authorized  by  a  judge  of  the  superior 
court;  and  the  same  shall  be  a  charge  upon  the  county  in 
which  the  court  appointing  them  has  jurisdiction,  and  the 
said  expenses  shall  be  paid  out  of  the  county  treasury  upon 
a  warrant  therefor  issued  by  the  said  court. 

Sec.  13.  Section  12  of  said  act  is  hereby  amended  to  read 
as  follows: 

Section  12.  The  offices  of  probation  officer  and  deputy 
probation  officer  are  hereby  created.  The  appointments  of 
probation  officers  and  deputy  probation  officers  to  serve 
hereunder  in  any  county  or  city  and  county  shall  be  made 
by  the  probation  committee  of  said  county  or  city  and 
county  from  discreet  citizens  of  good  moral  character.  The 
appointments  by  each  probation  committee  shall  be  made 
in  writing,  signed  by  a  majority  of  the  members  of  such 
committee,  and  filed  with  the  county  clerk  of  such  county, 
and  shall  be  subject  to  and  shall  take  effect  upon  approval 
by  the  judge  of  the  superior  court  appointing  such  com- 
mittee, or  Ijy  a  majority  of  the  judges  thereof  if  there  be 
more  than  one;  such  approval  to  be  by  order  entered  in  the 
minutes  of  said  court.  The  term  of  office  of  probation  of- 
ficers and  of  deputy  probation  officers  shall  be  two  years 
froTu  the  date  of  the  said  approval  of  their  several  ap- 
pointments, such  probation  officers  and  deputy  probation 
officers  may  at  any  time  be  removed  by  the  judge  approv- 
ing  their   appointment   in   his   discretion. 

Sec.  14.  Section  13  of  said  act  is  hereby  amended  to 
read  as  follows: 

Section  13.  It  shall  be  the  duty  of  the  clerk  of  any 
court  before  which  a  child  is  brought  under  the  provisions 


630  APPENDIX. 

of  this  act,  or  if  there  be  no  clerk,  then  it  shall  be  the 
duty  of  the  judge  or  justice  of  said  court,  before  the  hear- 
ing of  said  matter,  to  notify  the  probation  officer  of  the 
county  thereof;  except  in  cases  where  the  child  is  brought 
before  the  court  by  a  society,  association  or  corporation 
which  embraces  within  its  objects  the  care  of  dependent  or 
delinquent  children  and  which  has  in  the  last  report  thereon 
by  the  probation  committee  of  such  county  been  favorably 
passed  upon. 

!See.  15.  A  new  section  is  hereby  added  to  said  act  to 
be   designated   section   14,   and   to   read   as   follows: 

Section  14.  The  probation  officer  or  deputy  probation  of- 
ficer detailed  by  him  for  that  purpose,  shall  inquire  into 
the  child's  antecedents,  character,  history,  family  environ- 
ment and  cause  of  delinquency  or  dependency,  and  shall 
make  his  report  in  writing  to  the  judge  or  justice  in  the 
case  of  every  child  to  be  dealt  with  under  the  provisions 
of  this  act  as  a  dependent  or  delinquent  child;  but  only 
when  the  judge  so  specially  orders  it  in  the  case  of  a  de- 
pendent child  who  is  already  in  the  charge  of  a  society, 
association  or  corporation  which  embraces  within  its  ob- 
jects the  care  of  dependent  children  and  which  has  in  the 
last  report  thereon  by  the  probation  committee  of  such 
county  been  favorably  passed  upon.  In  the  event  that 
such  a  society,  association  or  corporation  shall  be  so  in 
charge,  it  shall  through  its  agent  or  superintendent  make 
such  report  to  the  judge  in  place  of  the  probation  officer. 

It  shall  be  the  duty  of  said  probation  officer  or  said 
deputy  probation  officer  or  said  agent  or  superintendent  of 
such  society,  association  or  corporation  to  be  present  in 
court  in  order  to  represent  the  interests  of  the  child  when 
the  case  is  heard,  and  to  furnish  to  the  court  such  informa- 
tion and  assistance  as  it  may  require  and  to  make  the  said 
report  at  such  time,  and  to  take  such  charge  of  the  child 
before  and  after  the  hearing  as   may  be  ordered. 

The  probation  officer  and  each  deputy  probation  officer 
shall  have  as  to  any  child  committed  to  the  care  of  such 
probation  officer,  the  powers  of  a  police  officer.  At  any 
time  in  his  discretion  sucn  officer  or  deputy  maj'  bring  such 
child  before  the  court  committing  such  child  to  his  care, 
for  such  further  or  other  action  ag  the  court  may  see  fit. 


JUVENILE     COURT.  630a 

Any  of  the  duties  of  the  probation  officer  may  be  per- 
formed by  a  deputy  probation  officer,  and  shall  be  per- 
formed by  him  whenever  detailed  to  perform  the  same  by 
the  probation  officer;  and  it  shall  be  the  duty  of  the  pro- 
bation officer  to  see  that  the  deputy  probation  officer  per- 
forms his  duties. 

Sec.  16.  A  new  section  is  hereby  added  to  said  act,  to 
be  designated  as  section  15,  and  to  read  as  follows: 

Section  15.  If  any  child  is  arrested  and  taken  before  a 
justice  of  the  peace  or  police  judge,  then  at  any  time  be- 
fore the  child  is  found  delinquent  and  a  commitment  there- 
under issues,  it  may  be  detained  under  order  of  the  court 
in  any  detention  home  provided  for  that  purpose  by  any 
county  or  city  and  county;  or  it  may  be  otherwise  pro- 
vided for  as  the  court  sees  fit  in  any  manner  provided  here- 
in for  the  care  of  a  child  after  the  finding  of  its  delin- 
quency. If,  after  a  hearing,  any  child  shall  be  found  to 
be  delinquent  by  such  court,  the  justice  of  the  peace  or 
police  judge  may  continue  the  further  hearing  from  time  to 
time,  and  may,  at  any  time  commit  the  child  to  the  care 
and  custody  of  a  probation  officer  and  may  allow  such  to 
remain  in  the  home  pf  such  child,  subject  to  the  visitation 
of  a  probation  officer,  and  such  child  shall  report  to  the 
probation  officer  as  often  as  may  be  required  and  be  sub- 
ject to  be  returned  to  the  court  for  further  proceedings 
whenever  such  action  may  appear  to  be  necessary  or  de- 
sirable. If  the  justice  of  the  peace  or  police  judge  at  any 
time  deems  it  necessary  or  to  the  best  interests  of  the  child 
that  he  should  be  committed  to  a  state  reform  school  or 
to  the  care  or  custody  of  some  association,  society  or  cor- 
poration embracing  in  its  objects  the  care  of  neglected,  de- 
pendent, or  delinquent  children,  or  should  be  placed  in  a 
suitable  family  home,  or  that  a  guardian  should  be  ap- 
pointed for  such  child,  the  justice  of  the  peace  or  poller- 
judge  shall  certify  the  case  with  a  transcript  of  the  docket 
or  other  record  to  the  clerk  of  th^  superior  court  of  the 
county  or  city  and  county  in  which  the  justices'  court  or 
police  court  is  held,  and  the  officer  having  the  child  in 
charge  shall  take  the  child  before  the  superior  court,  and 
thereupon  the  superior  court  may  proceed  to  hear  and  dis- 
pose of  the  case  in  the  same  manner  as  if  the  child  had 
been  brought  before  the  court  on  petition  as  herein  pro- 
vided for  dependent  children.     In  such  ease  the  court  shall 

21 


630b  APPENDIX. 

require  notice  to  be  given  and  investigation  to  be  made 
as  in  other  cases  under  this  act,  and  may  adjourn  the  hear- 
ing from  time  to  time  for  that  purpose. 

See.  17.  A  new  section  is  hereby  added  to  said  act,  to 
be  designated  as  section  16,  and  to  read  as  follows: 

Section  16.  In  the  case  of  a  child  alleged  to  be  delin- 
quent, within  the  meaning  of  this  act,  and  brought  before 
the  superior  court  at  any  time  before  the  child  is  found 
delinquent  and  a  commitment  thereunder  issues,  it  may  be 
detained  under  order  of  the  court  in  any  detention  home 
provided  for  that  purpose  by  any  county  or  city  and 
county;  or  it  may  be  otherwise  provided  for  as  the  court 
sees  fit  in  any  manner  provided  herein  for  the  care  ol  a 
child  after  the  finding  of  its  delinquency.  If  the  court  find 
the  child  to  be  delinquent,  said  court  may  continue  the 
hearing  from  time  to  time,  and  may  at  any  time  commit 
the  child  to  the  care  or  custody  of  the  probation  officer, 
and  may  allow  such  child  to  remain  in  the  home  of  such 
child,  subject  to  the  visitation  of  a  probation  officer,  and 
such  child  shall  report  to  the  probation  officer  as  often  as 
may  be  required,  and  be  subject  to  be*  returned  to  the  court 
for  further  proceedings  whenever  such  action  may  appear 
necessary  or  desirable,  or  the  court  may  commit  the  child 
to  the  care  or  custody  of  the  probation  officer;  to  be  placed 
in  a  suitable  family  home,  subject  to  the  supervision  of 
such  probation  officer  and  the  further  order  of  the  court, 
or  it  may  authorize  the  probation  officer  to  board  out  the 
child  in  some  suitable  family  home  in  case  provision  is 
made  by  voluntary  contribution,  or  otherwise,  for  the  pay- 
ment of  the  board  of  such  child,  until  a  suitable  provision 
may  be  made  for  the  child  in  a  home  without  sucli  pay- 
ment; or  the  court  may  commit  the  child  for  such  time 
during  its  minority,  as  the  court  may  deem  fit,  to  the  care 
and  ciistody  of  some  association,  society  or  corporation  that 
will  receive  it,  embracing  within  its  objects  the  carl  of 
dependent  or  delinquent  children;  or  the  court  may  commit 
such  child  to  a  state  reform  school,  as  is  now,  or  may 
hereafter  be  provided  by  law  in  accordance  with  the  pro- 
cedure provided  by  law  for  such  commitment.  Provided, 
further,  that  should  the  legislative  body  of  the   county,  or 


JUVENILE     COURT.  63UC 

city  and  county,  or  of  a  municipality,  provide  a  suitable 
place  for  the  detention  of  said  dependent  and  delinquent 
children,  which  they  are  hereby  authorized  to  do,  such 
children  may  be  committed  thereto  after  the  adjudication 
of  dependency  or  delinquency  for  a  definite  period  to  be 
specified  in  such  order.  The  court  may  thereafter  set  aside, 
change  or  modify  such  order,  and  may  pi'ovide  for  a  fur- 
ther detention  in  said  place.  Any  order  providing  for  the 
custody  of  a  dependent  or  delinquent  child  may  provide 
that  the  expense  of  maintenance  of  said  child  shall  be  paid 
by  the  parent  or  parents,  or  guardian,  of  said  child,  and 
in  such  case  shall  determine  the  amount  so  to  be  paid,  and 
shall  determine  whether  or  not  the  parent  or  parents  shall 
exercise  any  control  over  said  child  and  the  extent  thereof; 
and  any  disobedience  of  such  order  or  interference  with  the 
custody  of  the  child  as  therein  determined  by  a  parent  or 
guardian  having  notice  of  the  proceedings  or  of  the  order 
shall  constitute  a  contempt  of  court.  The  court  may  there- 
after set  aside,  change  or  modify  any  order  herein  pro- 
vided for. 

Sec.  18.  A  new  section  is  hereby  added  to'  said  act,  to 
be  designated  as  section  17,  and  to  read  as  follows: 

Section  17.  No  court  or  magistrate  shall  commit  a  child 
under  twelve  years  of  age  to  jail,  prison  or  police  station, 
but  if  such  child  is  unable  to  give  bail,  it  may  be  com- 
mitted to  the  care  of  the  sheriff,  police  officer,  constable  or 
probation  officer,  who  shall  keep  such  child  in  some  suitable 
place  provided  by  the  city,  county,  or  city  and  county,  out- 
side of  the  enclosure  of  any  jail  or  police  station.  When 
any  child  shall  be  sentenced  to  confinement  in  any  institu- 
tion to  which  adult  convicts  or  prisoners  are  sentenced  or 
where  adults  are  confined,  it  shall  be  unlawful  to  confine 
such  child  in  the  same  room  or  yard  or  enclosure  with  such 
adult  convicts  or  prisoners,  or  to  permit  such  child  to  come 
or  remain  within  sight  of  or  meet  or  come  into  or  remain 
in  the  presence  of  any  such  adult  convicts  or  prisoners. 

Sec.  19.  A  new  section  is  hereby  added  to  said  act,  to 
be  designated  as  section  18,  and  to  read  as  follows: 

Section  18.  Nothing  in  this  act  shall  be  construed  to 
repeal  any  portion  of  the  act  entitled  "An  act  to  establish 
a   state   reform   school   for  juvenile   offenders,   and   to   make 


630d  APPENDIX. 

an  appropriation  therefor,"  approved  March  11,  1889,  or 
any  of  the  amendments  thereto,  or  the  act  entitled  "An 
act  to  establish  the  California  Home  for  the  Care  and  Train- 
ing of  Feeble-Minded  Children,  and  provide  for  the  main- 
tenance of  the  same,"  approved  March  18,  1885,  or  any  of 
the  amendments  thereto,  or  the  act  entitled  "An  act  to 
establish  a  school  of  industry,  and  to  provide  for  the  mainte- 
nance and  managemeiit  of  the  same  and  to  make  an  appro- 
priation therefor, ' '  approved  March  11,  1889,  or  any  of  the 
amendments  thereto;  and  in  all  commitments  to  said  insti- 
tutions, the  acts  in  reference  to  said  institutions  shall  gov- 
ern the  same. 

Sec.  20.  A  new  section  is  hereby  added  to  said  act,  to 
be  designated  as  section  19,  and  to  read  as  follows: 

Section  19.  No  record  of  or  testimony  concerning  any 
proceedings  against  any  child  under  this  act  shall  be  ad- 
missible as  evidence  against  such  child  in  any  other  court 
or  proceeding,  except  in  proceedings  under  this  act,  and 
except  in  guardianship  or  adoption  proceedings  relating  to 
said    child. 

Sec.  21.  A  new  section  is  hereby  added  to  this  act,  to 
be  designated  as  section  20,  and  to  read  as  follows: 

Section  20.  This  act  shall  be  liberally  constriied,  to  the 
end  that  its  purpose  may  be  carried  out,  to  wit — that  the 
care,  custody  and  discipline  of  a  child  shall  approximate  as 
nearly  as  may  be  that  which  should  be  given  by  its  parents, 
and  in  all  cases  where  it  can  be  properly  done,  the  child 
be  placed  in  an  approved  family,  with  people  of  the  same 
religious  belief,  and  become  a  member  of  the  faiflily  by  legal 
adoption,  or  otherwise.  In  this  act,  words  used  in  any  gen- 
der shall  include  all  other  genders,  and  the  word  "county" 
shall  include   "city   and  county." 

Sec.  22.  A  new  section  is  hereby  added  to  this  act,  to 
be  designated  as  section  21,  and  to  read  as  follows: 

Section  21.  All  acts  and  parts  of  acts  inconsistent  with 
this  act  are  hereby  repealed,  except  as  hereinabove  jjro- 
vided   in   section   19. 


LARCENY.  631 

LAECENY. 
An  act  to  more  fully  define  the  crime  of  larceny. 

[Approved  March  6,  1872.     Stats.   1871-2,  282.] 

Section  1.  Every  person  who  shall  convert  any  man- 
ner of  real  estate,  of  the  value  of  fifty  dollars  and  up- 
wards, into  personal  property,  by  severing  the  same  from 
the  realty  of  another,  with  felonious  intent  to  and  shall 
so  steal,  take,  and  carry  away  the  same,  shall  be  deemed 
guilty  of  grand  larceny,  and  upon  conviction  thereof,  shall, 
be  punishable  by  imprisonment  in  the  state  prison  for  any 
term  not  less  than  one  year  nor  more  than  fourteen  years. 

Sec.  2.  Every  person  who  shall  convert  any  manner 
of  real  estate,  of  the  value  of  under  fifty  dollars,  into  per- 
sonal property,  by  severing  the  same  from  the  realty  of  an- 
other, with  felonious  intent  to  and  shall  so  steal,  take, 
and  carry  away  the  same,  shall  be  deemed  guilty  of  petit 
larceny,  and,  upon  conviction  thereof,  shall  be  punishable 
by  imprisonment  in  the  county  jail  for  a  period  not  more 
than  one  year,  or  by  fine  not  exceeding  one  thousand  dol- 
lars, or  by  both  such  fine  and  imprisonment. 

See  Penal  Code,  sec.  495. 

An  act  supplementary  to  an  act  entitled  "An  act  concern- 
ing crimes  and  punishments, ' '  passed  April  sixteenth, 
eighteen  hundred  and  fifty. 

[Approved  March  20,  1872.     Stats.  1871-2,  435.] 

Section  1.  Every  person  who  shall  feloniously,  steal, 
take,  and  carry  away,  or  attempt  to  take,  steal,  and  carry 
from  any  mining  claim,  tunnel,  sluice,  undercurrent,  riffle 
box,  or  sulphurate  machine,  any  gold  dust,  amalgam,  or 
quicksilver,  the  property  of  another,  shall  be  deemed 
guilty  of  grand  larceny,  and  upon  conviction  thereof,  shall 
be    punished    by    imprisonment   in    the   state    prison   for   any 


APPENDIX. 


term    of   not    less    than    one    year    nor    more    than    fourteen 
years. 

Eemains   in  force:    See   People   v.   Salvador,   71   Cal.   16. 


LODGING-HOUSES. 

An   act   concerning  lodging-houses   and  sleeping  apartments. 

[Approved  April  3,   1876.     Stats.   1875-6,   759.] 

Section  I.  Every  person  who  owns,  leases,  lets,  or  hires, 
to  any  person  or  persons,  any  room  or  apartment  in  any 
building,  house  or  other  structure,  within  the  limits  of 
any  incorporated  city,  or  city  and  county,  within  the  state 
of  California,  for  the  purpose  of  a  lodging  or  sleeping 
apartment,  which  room  or  apartment  contains  less  than 
five  hundred  cubic  feet  of  space,  in  the  clear,  for  each  per- 
son so  occupying  such  room  or  apartment,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall,  upon  conviction  there- 
of, be  punished  by  a  fine  of  not  less  than  fifty  (50)  dollars 
or  more  than  five  hundred  (500)  dollars,  or  by  imprison- 
ment in  the  county  jail,  or  by  both  such  fine  and  imprison- 
ment. 

Sec.  2.  Any  person  or  persons  found  sleeping  or  lodg- 
ing, or  who  hires  or  uses  for  the  purpose  of  sleeping  in, 
or  lodging  in,  any  room  or  apartment,  which  contains  less 
than  five  hundred  (500)  cubic  feet  of  space  in  the  clear, 
for  each  person  so  occupying  such  room  or  apartment,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  shall,  upon  con- 
viction, be  punished  by  a  fine  of  not  less  than  ten  (10)  or 
more  than  fifty  (50)  dollars,  or  by  both  such  fine  and  im- 
prisonment. 

Sec.  3.  It  shall  be  the  duty  of  the  chief  of  police  (or 
such  other  person  to  whom  the  police  powers  of  a  city  are 
delegated)  to  detail  a  competent  and  qualified  officer  or 
officers  of  the  regular  force  to  examine  into  any  violation 
of  any  of  the  provisions  of  this  act,  and  to  arrest  any  person 
guilty  of  any   such   violation. 

Sec.  4.     The  provisions  of  this  ae     shall  not  be  construed 


LODGING  HOUSES— MANUFACTURED  GOODS.        «33 

to  apply  to  hospitals,  jails,  prisons,  insane  asylums,  or  other 
public  institutions. 

Sec.  5.     All  acts  or  parts  of  acts  in  conflict  with  the  pro- 
visions of  this  act  are  hereby  repealed. 


LUMBER  MANUFACTUREES. 

An   act   to   protect   lumber   manufacturers. 

[Approved    and   in   effect   February   9,    1876.     Stats.    1875-6, 

32.] 

Section  1.  Every  person  who  maliciously  drives  into,  or 
places  within  any  saw-log,  shingle-bolt,  or  other  wood,  any 
iron,  steel,  or  other  substance  sufficiently  hard  to  injure 
saws,  knowing  that  the  said  saw-log,  shingle-bolt,  or  other 
wood,  is  intended  by  the  owner  thereof  to  be  manufactured 
into  any  kind  of  lumber,  is  guilty  of  a  felony,  and  shall  be 
punished  by  imprisonment  in  the  state  prison  not  less  than 
one  nor  more  than  five  years. 


MANUFACTURED   GOODS. 

An   act   to   prevent   fraud   and   imposition    in   the   matter   of 
stamping  and  labeling  produce  and  manufactured  goods. 

[Approved  March  4,   1887.     Stats.   1887,   17.J 

Penalty  for  falsely  labeling  produce  and  manufac'.v.rcd 
goods. 
Section  1.  Any  person,  firm,  or  corporation,  engaged  in 
the  production,  manufacture,  or  sale  of  any  article  of 
merchandise  made,  or  partly  made,  in  this  state,  who  or 
which  shall  by  any  imprint,  label,  trade-mark,  tag,  stamp, 
or  other  inscription  or  device,  placed  or  impressed  upon 
such  article,  or  ujjon  the  cask,  box,  case,  or  package  con- 
taining the  same,  misrepresent  or  falsely  state  the  kind, 
character,  or  nature  of  the  labor  employed  or  used,  or 
misrepresent   or   falsely   state    the   extent   of   the   labor   em- 


634  APPENDIX. 

ployed  or  used,  or  misrepresent  or  falsely  state  the  number 
or  kind  of  persons  exclusively  employed  or  used,  or  mis- 
represent or  falsely  state  that  a  particular  or  distinctive 
class  or  character  of  laborers  was  wholly  and  exclusively 
used  or  employed  when,  in  fact,  another  class,  or  char- 
acter, or  distinction  of  laborers  was  used  or  employed,  either 
jointly  or  in  any  wise  supplementary  to  such  exclusive 
class,  character,  or  distinction  of  laborers,  in  the  produc- 
tion or  manufacture  of  the  article  to  which  such  imprint, 
label,  trade-mark,  tag,  stamp,  or  other  inscription  or  de- 
vice is  affixed,  to  which,  or  upon  the  cask,  box,  case,  or 
package  containing  the  same,  such  imprint,  label,  trade- 
mark, tag,  stamp,  or  other  inscription  or  device  is  affixed, 
or  upon  which  it  is  impressed,  is  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  is  punishable  by  a  fine  of  not  less 
than  fifty  dollars  nor  more  than  five  hundred  dollars,  or  by 
imprisonment  in  the  county  jail  for  not  less  than  twenty 
days  nor  for  more  than  ninety  days,  or  by  both  such  fine 
and  imprisonment. 

Sec.    2.     This    act    shall    take    effect    from    and    after    its 
passage. 


MASTER    AND    SERVANT. 

An  act  to  protect  the  wages  of  labor  and  the  salaries  and 

fees  of  subordinate  officers. 

[In  effect  April  1,  1872.     Stats.  1871-2,  951.] 

Section  1.  Every  person  who  employs  laborers  upon  the 
public  works,  and  who  takes,  keeps,  or  receives  any  part  or 
portion  of  the  wages  due  to  such  laborers  from  the  state 
or  municipal  corporation  for  which  such  work  is  done,  is 
guilty  of  a  felony. 

Sec.  2.  Every  officer  of  the  state,  or  any  county,  city,  or 
township  therein,  who  keeps  or  retains  any  part  or  portion 
of  the  salary  or  fees  allowed  by  law  to  his  deputy,  clerk, 
or  subordinate  officer  is  guilty  of  a  felony. 


MASTER    AND    SERVANT— OFFICERS.  BSD 

An  act  to  prevent  misrepresentations  of  conditions  of  em- 
ployment, making  it  a  misdemeanor  to  misrepresent  the 
same  and  providing  penalties  therefor. 

[Approved  March  20,   1903.     Stats.   1903,  269.] 
The  people   of  the   state   of   California,  represented   in   sen- 
ate and  assembly,  do  enact  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person,  partner- 
ship, company,  corporation,  association,  or  organization  of 
any  kind,  doing  business  in  this  state  directly  or  through 
any  agent  or  attorney,  to  induce,  influence,  persuade,  or  en- 
gage any  person  to  change  from  one  place  to  another  in 
this  state  or  to  change  from  any  place  in  any  state,  ter-  - 
ritory,  or  country  to  ady  place  in  this  state,  to  work  in 
any  branch  of  labor,  through  or  by  means  of  knowingly 
false  representations,  whether  spoken,  written,  or  adver- 
tised in  printed  form,  concerning  the  kind  or  character  of 
such  work,  the  compensation  therefor,  the  sanitary  con- 
ditions relating  to  or  surrounding  it,  or  the  existence  or 
non-existence  of  any  strike,  lockout,  or  other  labor  dis- 
pute affecting  it  and  pending  between  the  proposed  em- 
ployer or  employers  and  the  persons  then  or  last  thereto- 
fore engaged  in  the  performance  of  the  labor  for  which  the 
employee  is  sought. 

Sec.  2.  Any  violation  of  section  one  or  section  two  hereof 
shall  be  deemed  a  misdemeanor,  and  shall  be  punished  by 
a  fine  of  not  exceeding  two  thousand  dollars  or  by  im- 
prisonment for  not  more  than  one  year,  or  by  both  such 
fine   and   imprisonment. 

Sec.  3.  This  act  shall  take  effect  on  the  date  of  its  pas- 
sage. 


OFFICEES. 
Ketention    of    part    of     salary    of    deputy    by    ofiicer:   See 
ante,  title  Master  and  Servant. 

An   act   in   relation   to    the   intoxication   of   officers. 
[In   effect  April   15,    1880.     Stats.   1880,   77;   Ban.   ed.   265.] 
Section  1,     Any  officer  of  a  town,  village,  city,  county,  or 


636  APPENDIX. 

state,  who  shall  be  intoxicated  while  in  discharge  of  the 
duties  of  his  office,  or  by  reason  of  intoxication  is  dis- 
qualified for  the  discharge  of,  or  neglects  his  duties,  shall 
be  guilty  of  a  misdemeanor,  and  on  conviction  of  such  mis- 
demeanor shall  forfeit  his  office;  and  in  such  case  the  va- 
cancy occasioned  thereby  shall  be  filled  in  the  same  man- 
ner as  if  such,  officer  had  filed  his  resignation  in  the  proper 
office,  and  it  had  been  accepted  by  the  proper  author- 
ity; provided,  such  acceptance  shall  have  been  necessary 
to  make  the  office  vacant. 


OLEOMAEGAEINE. 

An  act  to  prevent  the  sale  or  disposition,  as  butter,  of  the 
substance  known  as  "oleomargarine,"  or  "oleomar- 
garine butter,"  and  when  "oleomargarine,"  or  "oleo- 
margarine butter,"  is  sold  or  disposed  of,  requiring 
notice  thereof  to  be  given. 

[Approved  March  1,  1883.     Stats.  1883,  20.] 

Compare  the  act  to  prevent  deception  in  manufacture 
and   sale   of  butter:    See   ante,  p.   574. 

Every  package  must  be  branded. 

Section  1.  Every  person  or  corporation  who  shall  man- 
ufacture for  sale,  or  who  shall  offer  or  expose  for  sale,  any 
article  or  substance  in  semblance  of  butter,  not  the  legiti- 
mate product  of  the  dairy,  and  not  made  exclusively  of 
milk  or  cream,  or  into  which  the  oil  or  fat  of  animals,  not 
produced  from  milk,  enters  as  a  component  part,  or  into 
which  the  oil  or  fat  of  animals,  not  produced  from  milk, 
has  been  introduced  to  take  the  place  of  cream,  shall  dis- 
tinctly stamp,  brand,  or  mark  in  some  conspicuous  place 
upon  every  package  of  such  article  or  substance  the  word 
"oleomargarine,"  in  plain  letters,  not  less  than  one-fourth 
of  one  inch  square  each;  and  in  case  of  retail  sale  of 
such  article  or  substance  in  parcels  or  otherwise,  the  seller 
shall,  in  all  cases,  deliver  therewith  to  the  purchaser  a 
printed  label,  bearing  the   plainly  printed   word   "oleomar- 


OLEOMARGARINE.  637 

garine, "  the  said  word  to  be  printed  with  type  each  letter 
of  which  shall  not  be  less  than  one-fourth  of  one  inch 
square. 

Printed  notice   to   be   posted. 

Sec.  2.  Every  person  dealing,  whether  by  wholesale  or 
retail,  in  the  article  or  substance  described  in  section  one 
of  this  act,  and  every  hotel  or  restaurant  keeper,  or  board- 
ing-house keeper,  in  whose  hotel,  or  restaurant,  or  board- 
ing-house such  article  or  substance  is  used,  shall  continu- 
ously keep  conspicuously  posted  up,  in  not  less  than  three 
exposed  positions  in  and  about  their  respective  places  of 
business,  a  printed  notice  in  the  following  words,  viz.: 
"Oleomargarine  sold  here";  the  said  notice  to  be  plainly, 
printed,  with  letters  not  less  than  two  inches  square  each. 
And  each  and  every  hotel  keeper  and  restaurant  keeper, 
boarding-house  keeper,  or  proprietor  of  other  places  where 
meals  are  furnished  for  pay,  who  may  use  in  their  respect- 
ive places  of  business  any  of  the  article  or  substance  de- 
scribed in  the  first  section  of  this  act,  shall,  upon  the  fur- 
nishing of  the  same  to  his  guests  or  customers,  if  inquiry 
is  made,  cause  each  and  every  guest  or  customer  to  be 
distinctly  informed  that  the  said  article  is  not  butter,  the 
genuine   production   of   the   dairy,   but   is   "oleomargarine." 

Penalty  for  violation. 

Sec.  3.  Every  person  or  director,  trustee,  officer,  or  agent 
of  any  corjwration  who  may  violate  any  provision  of  this 
act  shall  be  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  shall  be  punished  by  a  fine  of  not  less  than 
five  dollars,  nor  more  than  five  hundred  dollars,  or  by  im- 
prisonment for  not  more  than  three  months,  or  by  both 
such  fine  and  imprisonment;  and  it  shall  be  the  duty  of 
the  court  trying  said  offense  to  order  the  payment  of  one- 
half  of  the  fine  imposed  to  the  person  giving  the  informa- 
tion upon  which  the  prosecution  was  based  and  the  convic- 
tion had,  and  such  fine  may  be  collected  by  execution  as 
in  civil  causes. 


63S  APPENDIX. 

Sec.  4.     All   acts   or   parts   of    acts   in    conflict   with    this 
act  are  hereby  repealed. 

The  former  act  on  this  point  is  as  follows: 

An  act  to  prevent  the  sale  of  oleomargarine  under  the 
name  of  and  under  pretense  that  said  commodity  is 
butter. 

[Approved  March  26,  1878;  1877-8,  535.] 
The   code   commissioners   say   of  this   act:    "Probably   re- 
pealed by   1883,   20.     If   not,   it   is   superseded   by   1895,   41, 
ch.   38,   and   1897,   65,   ch.   75." 


OLIVE  OIL. 
An  act  to   regulate   the   sale   of  imitation  olive   oil,   and  to 
repeal  an  act  entitled  "An  act  to  regulate  the  sale  of 
olive  oil,"  approved  March  10,  1891. 

[Approved  March  23,  1893.     Stats.   1893,  210.] 

Section  1.  Section  one  of  said  act  is  hereby  amended 
to  read  as  follows: 

Section  1.  That  for  the  purpose  of  this  act  every  article, 
substance,  or  compound,  or  oil  other  than  that  extracted 
solely  from  the  fruit  of  the  olive  tree,  made  in  the  sem- 
blance of  olive  oil  extracted  solely  from  the  fruit  of  the 
olive   tree,   is   hereby   declared   to   be   imitation   olive   oil. 

Sec.  2.  Each  person  who  manufactures  imitation  olive 
oil  shall  place  upon  every  bottle,  can,  or  other  vessel  con- 
taining such  imitation  oil,  a  label,  with  the  words  "imita- 
tion olive  oil"  printed  thereon  in  capital  letters,  in  a 
clear  and  durable  manner,  in  the  English  language,  in  plain 
type,  designated  and  known  as  twenty-four-point  letter 
type  (two-line  pica),  of  a  Gothic  face;  said  label  shall  also 
state  plainly  the  name  and  ddress  of  the  manufacturer  or 
compounder,  the  name  and  place  where  manufactured  and 
put  up,  and  also  the  names  and  actual  percentages  of  the 
different  ingredients  contained  in  each  bottle,  can,  or 
vessel. 


OLIVE    OIL.  O'iS 

See.  3.  No  person,  by  himself  or  another,  shall  know- 
ingly ship,  consign,  or  forward  by  any  common  carrier, 
whether  public  or  private,  any  imitation  olive  oil,  unless 
the  same  be  marked  as  provided  in  section  two  of  this 
act,  and  no  carrier  shall  knowingly  receive,  for  the  purpose 
of  forwarding  or  transporting,  any  imitation  olive  oil,  unless 
it  shall  be  marked  as  hereinbefore  provided,  consigned,  and 
by  the  carrier  receipted  for,  as  imitation  olive  oil;  pro- 
vided, that  this  act  shall  not  apply  to  any  goods  in  transit 
b('tween  foreign  countries  and  across  the  state  of  California. 

Sec.  4.  No  person  shall  knowingly  have  in  his  posses 
sion  or  under  his  control  any  imitation  olive  oil,  unless  the 
bottle,  can,  or  vessel,  or  other  package  containing  the  same, 
be  clearly  marked   as  provided   in   section   two   of   this   act. 

Sec.  5.  No  person,  by  himself  or  another,  shall  know- 
ingly sell  or  offer  for  sale  imitation  olive  oil  under  the 
name  of  or  under  the  pretense  that  the  same  is  pure  olive 
oil;  and  no  person,  by  himself  or  another,  shall  knowingly 
sell  any  imitation  olive  oil  unless  he  shall  inform  the 
jmrchaser  at  the  time  of  sale  that  the  same  is  imitation 
olive  oil,  and  shall  deliver  to  the  purchaser  at  the  time  of 
sale  a  statement,  clearly  printed  in  the  English  language, 
which  shall  refer  to  the  article  sold,  and  which  shall  con- 
tain, in  plain  type,  designated  and  known  as  twenty-four- 
point  letter  type  (two-line  pica),  of  a  Gothic  face,  in 
capital  letters,  the  words  "imitation  olive  oil,"  and  shall 
give  the  name  and  place  of  business  of  the  manufacturer 
or  compounder. 

See.  6.  Eveiy  person  having  possession  or  control  of 
any  imitation  olive  oil,  which  is  not  marked  as  required 
by  the  provisions  of  this  act,  shall  be  presumed  to  have 
known;  during  the  time  of  such  possession  or  control,  that 
the  same  was  imitation  olive  oil.  ^ 

Sec.  7.  No  person  shall  expose  for  sale  any  oil  bearing 
tlie  semblance  of  olive  oil,  manufactured  out  of  the  state, 
and    represent    that    it    is    manufactured    in    this    state,    nor 


640  APPENDIX. 

shall  offer  for  sale  any  such  oil  upon  the  receptacle  of 
which  is  any  cut,  design,  or  mark  intended  to  convey  the 
belief  that  such  is  manufactured  in  this  state. 

Sec.  8.  Whoever  shall  violate  any  of  the  provisions  or 
sections  of  this  act  shall  be  deemed  guilty  of  a  misde- 
meanor, and  shall,  ujion  conviction  thereof,  be  punished  by 
a  fine  of  not  less  than  one  hundred  dollars  nor  more  than 
five  hundred  dollars,  or  by  imprisonment  in  the  county  jail 
not  less  than  thirty  days  nor  more  than  six  months,  or  by 
both  fine  and  imprisonment,  as  the  court  may  direct. 

Sec.  9.  It  shall  be  the  duty  of  the  state  board  of  horti- 
culture and  the  state  analyst  to  enforce  the  provisions  of 
this  act. 

Sec.  10.  An  act  entitled  "An  act  to  regulate  the  sale 
of  olive  oil,"  approved  March  tenth,  eighteen  hundred  and 
ninety-one,  is  hereby  repealed. 

The  act  repealed  by  this  statute  is  as  follows: 
An  act  to  regulate  the  sale  of  olive  oil. 
[Approved  March  10,  1891.     Stats.  1891,  46.] 

Section  1.  Every  manufacturer  or  dealer  in  olive  oil 
shall  place  upon  every  bottle  or  can  filled  with  olive  oil, 
and  exposed  or  offered  for  sale  as  such,  a  label  stating 
clearly  the  name  and  address  of  the  manufacturer  or  dealer, 
and  the  place  of  manufacture,  and  shall  file  with  the  state 
board  of  horticulture  a  copy  of  said  label,  accompanied 
by  an  affidavit  that  it  is  pure,  and  that  this  act  has  been 
complied  with. 

Sec.  2.  "Whoever  adulterates  olive  oil,  sells  or  keeps  for 
sale  oil  not  olive  oil,  and  exposed  or  oft'ered  for  .sale  as 
olive  oil,  within  the  state  of  California,  is  guilty  of  a 
misdemeanor^  and  upon  conviction  thereof  before  any  justice 
of  the  peace  of  any  township  of  legal  jurisdiction,  shall 
be  fined  in  a  sum  not  less  than  fifty  dollars,  nor  exceeding 
one   hundred   dollars,   and   cost   of   the   action,   for   each   of- 


OLIVE    OIL— POISONS.  641 

fense,  or  may  be  imprisoned  not  less  than  fifty  days  nor 
more  than  one  hundred  days,  or  by  such  fine  and  imprison 
ment  as   the   judgment  of  the   court  may   direct. 

Sec.   3.     This  act  shall  take  effect  and  be   in  force   from 
and  after  its  passage. 


POISONS. 

See  act  relating  to  pharmacy,  etc.:  General  Laws,  title 
Pharmacy. 

An  act  to  regulate  the  sale  of  certain  poisonous  substances. 
[Approved  April  16,  1880.     Stats.  1880,  p.  102;  Ban.  ed.  341.]' 

Section  1.  It  shall  be  unlawful  for  any  person  to  retail 
any  of  the  substances  poisonous,  and  by  reason  thereof  dan- 
gerous to  human  life,  without  distinctly  labeling  the  bottle, 
box,  vessel,  or  package,  and  the  wrapper  or  cover  thereof  in 
which  such  substance  is  contained,  with  the  common  or 
usual  name  thereof,  together  with  the  word  "poison,"  and 
the  name  and  place  of  business  of  the  seller.  Nor  shall  it 
be  lawful  for  any  person  to  retail  any  of  the  substances 
enumerated  in  either  of  said  schedules  to  any  person,  unless, 
on  true  inquiry,  it  is  found  that  the  person  receiving  the 
same  is  aware  of  its  poisonous  character,  and  that  it  is  to 
be  used  for  a  legitimate  purpose. 

Sec.  2.  It  shall  be  unlawful  for  any  person  to  retail 
any  of  the  substances  enumerated  herein,  unless,  before 
delivering  the  same,  such  person  shall  make,  or  cause  to 
be  made,  in  a  book  kept  for  that  purpose  only,  an  entry 
stating  the  date  of  the  sale,  the  name  and  address  of  the 
purchaser,  the  name  and  quantity  of  the  substance  sold, 
the  purpose  for  which  it  is  stated  by  the  purchaser  to  be 
required,  and  the  name  of  the  dispenser.  The  book  required 
by  this  act  shall  be  always  open  to  inspection  by  the  proper 
authorities.  It  shall  also  be  the  duty  of  the  person  dis- 
pensing any  of  the  substances  enumerated  in  either  of  said 
Pen.  Code— 11 


642  APPENDIX. 

schedules  to  ascertain,  by  due  inquiry,  whether  the  name 
and  address  given  by  the  person  receiving  the  same  are 
his  true  name  and  address,  and  for  that  purpose  may  re- 
quire such  person  to  be  identified. 

Sec.  3.  Any  person  who  shall  dispense  any  of  the  sub- 
stances enumerated  in  either  of  said  schedules  without  com- 
plying with  the  regulations  herein  prescribed,  shall,  for 
every  such  offense,  be  deemed  guilty  of  a  misdemeanor,  and, 
upon  conviction  thereof,  shall  be  punished  oy  a  fine  not 
exceeding  five  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  not  exceeding  six  months,  or  by  both  such  fine 
and  imprisonment;  provided,  that  nothing  in  this  act  shall 
be  so  construed  as  to  apply  to  the  prescriptions  of  any 
physician  authorized  to  practice  medicine  under  the  laws 
of  this  state. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force  from 
and  after  June  first,  eighteen  hundred  and  eighty. 

Schedule  "A." 
Arsenic,  corrosive  sublimate,  hj^drocyanic  acid,  cyanite 
of  potassium,  strychnia,  essential  oil  of  bitter  almonds, 
opium,  aconite,  belladonna,  conium,  nux  vomica,  henbane, 
tansy,  savin,  ergot,  cotton  root,  digitalis,  chloroform,  chloral 
hydrate,  and  all  preparations,  compounds,  salts,  extracts, 
or  tinctures  of  such  substances,  except  preparations  of  opium 
containing  less  than  two  grains  to  the  fluid  ounce. 

Schedule  'B." 
White  precipitate,  red  precipitate,  red  and  green  iodides 
of  mercury,  colchicum,  cantharides,  oxalic  acid,  croton  oil, 
sulphate  of  zinc,  sugar  of  lead,  carbolic  acid,  sulphuric 
acid,  muriatic  acid,  nitric  acid,  phosphorous,  and  all  prep- 
arations, -compounds,  salts,  extracts,  or  tinctures  of  such 
substances.. 


POLICE. 

An  act  to  create  a  police  relief,  health,  and  life  insurance 

and   pension   fund   in    the    several    counties,    cities    and 

counties,  cities,  and  towns  of  the  state. 

[Approved    March   4,    1889;    1889,    56.     Amended    1891,   278, 

469;    1897,   52.] 

Section  1.  The  chairman  of  the  board  of  supervisors  of 
the  county,  city  and  county,  city,  or  incorporated  town 
in  which  there  is  no  board  of  police  commissioners,  the 
treasurer  of  the  county,  city  and  county,  or  incorporated 
town,  and  the  chief  of  police,  and  their  successors  in  office, 
are  hereby  constituted  a  board  of  trustees  of  the  police 
relief  or  pension  fund  of  the  police  department,  to  pro- 
vide for  the  disbursement  of  the  same  and  to  designate 
the  beneficiaries  thereof  as  hereinafter  directed,  which  board 
shall  be  known  as  the  "Board  of  Police  Pension  Fund  Com- 
missioners"; provided,  however,  that  where  there  is  in  any 
county,  city  and  county,  city,  or  town,  a  board  of  police 
commissioners,  then  such  body  shall  constitute  said  board 
of  trustees  of  the  police  relief  and  pension  fund  of  the 
police  department.  [Amendment  approved  March  31,  1891. 
Stats.  1891,  469.] 

Sec.  2.  They  shall  organize  as  such  board  by  choosing 
one  of  their  number  as  chairman,  '  and  by  appointing  a 
secretary.  The  treasurer  of  the  county,  city  and  county, 
city,  or  town,  shall  be  ex-officio  treasurer  of  said  fund. 
Such  board  of  trustees  shall  have  charge  of  and  administer 
said  fund,  and  to  order  payments  therefrom  in  pursuance 
of  the  provisions  of  this  act.  They  shall  report  annually, 
in  the  month  of  June,  to  the  board  of  supervisors,  or  other 
governing  authority  of  the  county,  city  and  county,  city,  or 
incorporated  town,  the  condition  of  the  police  relief  and 
pension  fund,  and  the  receipts  and  disbursements  on  ac- 
count of  the  same,  with  a  full  and  complete  list  of  the 
beneficiaries  of  said  fund  and  the  amounts  paid  them. 
[Amendment  approved  March  31,  1891.  Stats.  1891,  p. 
469.] 


644  APPENDIX. 

Sec.  3.  Whenever  any  person  at  the  taking  effect  of 
this  act,  or  thereafter  shall  have  been  duly  appointed  or 
selected  and  sworn,  and  have  served  for  twenty  years, 
or  more,  in  the  aggregate,  as  a  member,  in  any  capacity 
or  any  rank  whatever,  of  the  regularly  constituted  police 
department  of  any  such  county,  city  and  coiinty,  city,  or 
town  which  may  hereafter  be  subject  to  the  provisions 
of  this  act,  said  board  may,  if  it  see  fit,  order  and  direct 
that  such  person  after  becoming  sixty  years  of  age  be  re- 
tired from  further  service  in  such  police  department,  and 
from  the  date  of  the  making  of  such  order  the  service  of 
such  person  in  such  police  department  shall  cease,  and 
such  person  so  retired  shall  thereafter,  during  his  life- 
time, be  paid  from  such  fund  a  yearly  pension  equal  to 
one-half  of  the  amount  of  salary  attached  to  the  rank  which 
he  may  have  held  in  said  police  department  for  the  period 
of  one  year  next  preceding  the  date  of  such  retirement. 
[Amendment  approved  March  2,  1897.  Stats.  1897,  p.  52, 
In  effect  immediately.] 

Sec.  4.  Whenever  any  person,  while  serving  as  a  police- 
man in  any  such  county,  city  and  county,  city,  or  town, 
shall  become  physically  disabled  by  reason  of  any  bodily 
injury  received  in  the  immediate  or  direct  performance  or 
discharge  of  his  duty  as  such  policeman,  said  board  may, 
upon  his  written  request,  or  without  such  request,  if  it 
deem  it  to  be  for  the  good  of  said  police  force,  retire  such 
person  from  said  department,  and  order  and  direct  that 
he  shall  be  paid  from  said  fund,  during  his  lifetime,  a  yearly 
pension  equal  to  one-half  of  the  amount  of  salary  attached 
to  the  rank  which  he  may  have  held  on  such  police  force 
at  the  date  of  such  retirement,  but  on  the  death  of  such  pen- 
sioner his  heirs  or  assigns  shall  have  no  claim  against  or 
upon  such  police  relief  or  pension  fund;  provided,  that 
whenever  such  disability  shall  cease  such  pension  shall 
cease,  and  such  person  shall  be  'restored  to  active  service 
at  the  same  salary  he  received  at  the  time  of  his  retire- 
ment. [Amendment  approved  March  2,  1897.  Stats.  1897, 
p.  52.     In  effect  immediately.] 


Sec.  5.  No  person  shall  be  retired,  as  provided  in  the 
next  preceding  section,  or  receive  any  benefit  from  said 
fund,  unless  there  shall  be  filed  with  said  board  certifi- 
cates of  his  disability,  which  certificates  shall  be  sub- 
scribed and  sworn  to  by  said  person,  and  by  the  county, 
city  and  county,  city,  or  town  physician  (if  there  be  one), 
and  two  regularly  licensed  practicing  physicians  of  such 
county,  city  and  county,  city,  or  town,  and  such  board 
may  require  other  evidence  of  disability  before  ordering 
such  retirement  and  payment  as  aforesaid. 

Sec.  6.  Whenever  any  member  of  the  police  department 
of  such  county,  city  and  county,  city,  or  town,  shall  lose 
his  life  while  in  the  performance  of  his  duty,  leaving 
a  widow,  or  child  or  children  under  the  age  of  sixteen 
years,  then  upon  satisfactory  proof  of  such  facts  made  to 
it,  such  board  shall  order  and  direct  that  a  yearly  pension, 
equal  to  one-third  the  amount  of  the  salary  attached  to  the 
rank  which  such"  member  held  in  said  police  department 
at  the  time  of  his  death,  shall  be  paid  to  such  wivlow 
during  her  life,  or  if  no  widow,  then  to  the  child  or  chil- 
dren, until  they  shall  be  sixteen  years  of  age;  provided, 
if  such  widow,  or  child  or  children,  shall  marry,  then  such 
person  so  marrying  shall  thereafter  receive  no  further  pen- 
sion from  such  fund. 

Sec.  7.  Whenever  any  member  of  the  police  department 
of  such  county,  city  and  county,  city,  or  town  shall,  after 
ten  years  of  service,  die  from  natural  causes,  then  his 
widow  or  children,  or  if  there  be  no  widow  or  children, 
then  his  mother  or  unmarried  sisters,  shall  be  entitled  to  the 
sum  of  one  thousand  dollars  from  such  fund.  [Amend- 
ment approved  March  31,  1891.  Stats.  1891,  p.  287.  In 
effect   immediately.] 

Sec.  8.  Any  person  retired  for  disability  under  this  act 
may  be  summoned  before  the  board  herein  provided  for 
at  any  time  thereafter,  and  shall  submit  himself  there- 
to for  examination  as  to  his  fitness  for  duty,  and  shall 
abide   the   decision   and   order  of  such  board  with  reference 


646  APPENDIX. 

thereto;  and  all  members  of  the  police  force  who  may  be 
retired  under  the  provisions  of  this  act  shall  report  to 
the  chief  of  police  of  the  county,  city  and  county,  city, 
or  town  where  so  retired,  on  the  first  Mondays  of  April, 
July,  October,  and  January  of  each  year;  and  in  cases  of 
great  public  emergency  may  be  assigned  to  and  shall  per- 
form such  duty  as  said  chief  of  police  may  direct;  and 
such  persons  shall  have  no  claim  against  the  county,  city 
and. county,  city,  or  town,  for  payment  for  such  duty  so 
performed. 

See.  9.  When  any  person  who  shall  have  received  any 
benefit  from  said  fund  shall  be  convicted  of  any  felony, 
or  shall  become  an  habitual  drunkard,  or  shall  become 
a  non-resident  of  this  state,  or  shall  fail  to  report  himself 
for  examination  for  duty  as  required  herein,  unless  ex- 
cused by  the  board,  or  shall  disobey  the  requirements  of 
said  board  under  this  act,  in  respect  to  said  examination 
or  duty,  then  such  board  shall  order  that  such  pension 
allowance  as  may  have  been  granted  to  such  person  shall 
immediately  cease,  and  such  person  shall  receive  no  further 
pension,  allowance,  or  benefit  under  this  act. 

Sec.  10.  The  board  herein  provided  for  shall  hold  quar- 
terly meetings  on  the  first  Mondays  of  April,  July,  Octo- 
ber, and  January  of  each  year,  and  upon  the  call  of  its 
president;  it  shall  biennially  select  from  its  members  a 
president  and  secretary;  it  shall  issue  warrants,  signed 
by  its  president  and  secretary,  to  the  persons  entitled 
thereto  of  the  amount  of  money  ordered  paid  to  such  per- 
sons from  such  fund  by  said  board,  which  warrant  shall 
state  for  what  purpose  such  payment  is  to  be  made;  it 
shall  keep  a  record  of  all  its  proceedings,  which  record 
shall  be  a  public  record;  it  shall,  at  each  quarterly  meet- 
ing, send  to  the  treasurer  of  the  county,  city  and  county, 
city,  or  town,  and  to  the  auditor  of  such  county,  city  and 
county,  city,  or  town,-  a  written  or  printed  list  of  all  per- 
sons entitled  to  payment  from  the  fund  herein  provided  for, 
stating  the  amount  of  such  payments  and  for  what  granted. 


which  list  shall  be  certified  to  aud  signed  by  the  presi- 
dent and  secretary  of  such  board,  attested  under  oath.  The 
auditor  shall  thereupon  enter  a  copy  of  said  list  upon 
a  book  to  be  kept  for  that  purpose,  and  which  shall  be 
known  as  "The  police  relief  and  pension  fund  book." 
When  such  list  has  been  entered  by  the  auditor,  he  shall 
transmit  the  same  to  the  board  of  supervisors,  or  other 
governing  authority  of  such  county,  city  and  county,  city, 
or  town,  which  board  of  authority  shall  order  the  pay- 
ment of  the  amounts  named  therein  out  of  "The  police 
relief  and  pension  fund. ' '  A  majority  of  all  the  members 
of  said  board  herein  provided  for  shall  constitute  a  quorum, 
and  have  power  to  transact  business. 

Sec.  11.  The  board  herein  provided  for  shall,  in  addi- 
tion  to   other  powers  herein  granted,  have  power, — 

First — To  compel  witnesses  to  attend  and  testify  before 
it,  upon  all  matters  connected  with  the  operation  of  this 
act,  in  the  same  manner  as  is  or  may  be  provided  by 
law  for  the  taking  of  testimony  before  notaries  public; 
and  its  president,  or  any  member  of  said  board,  may  a^'- 
minister   oaths  to   such   witnesses. 

Second — To  appoint  a  secretary,  and  to  provide  for  the 
payment  from  said  fund  of  all  its  necessary  expenses  in- 
cluding secretary  hire  and  printing;  provided,  that  no 
compensation  or  emolument  shall  be  paid  to  any  member 
of  said  board  for  any  duty  required  or  performed  under  this 
act. 

Third — To  make  all  needful  rules  and  regulations  for 
its  guidance,  in  conformity  with  the  provisions  of  this  act. 
Sec.  12.  The  board  of  supervisors,  or  other  governing 
authority,  of  any  county,  city  and  county,  city,  or  town, 
shall,  for  the  purposes  of  said  "Police  relief  and  pension 
fund"  hereinbefore  mentioned,  direct  the  payment  annu- 
ally, and  when  the  tax  levy  is  made,  into  said  fund,  of  the 
following    moneys: — 

First — Not   less   than   five  nor   more   than  ten  per  centum 


648  APPENDIX. 

of  all  moneys  collected  and  received  from  licenses  for  the 
keeping  of  places  wherein  spirituous,  malt,  or  other  intoxi- 
cating liquors  are   sold. 

Second — One-half  of  all  moneys  received  from  taxes  or 
from  licenses  upon  dogs. 

Third — All  moneys  received  from  fines  imposed  upon  the 
members  of  the  police  force  of  said  county,  city  and  county, 
city,  or  town,  for  violation  of  the  rules  and  regulations 
of  the  police  department'. 

Fourth — All  proceeds  of  sales  of  unclaimed  property. 

Fifth — Not  less  than  one-fourth  nor  more  than  one-half 
of  all  moneys  received  from  licenses  from  pawnbrokers, 
biliiard-hall  keepers,   second-hand   dealers,   and   junk  stores. 

Sixth-^All  moneys  received  from  fines  for  carrying  con- 
cealed weapons. 

Seventh — Twenty-five  per  centum  of  all  fines  collected  in 
money  for  violation  of  county,  city  and  county,  city,  or 
town  ordinances. 

Eighth — All  rewards  given  or  paid  to  members  of  such 
police  force,  except  such  as  shall  be  excepted  by  the  chief 
of   police. 

Ninth — The  treasurer  of  any  count}*  city  and  county, 
city,  or  town  shall  retain  from  the  pay  of  each  member 
of  police  department  the  sum  of  two  dollars  per  month, 
to  be  forthwith  paid  into  said  police  relief  and  pension 
fund,  and  no  other  or  further  retention  or  deduction  shall 
be  made  from  such  pay  for  any  other  fund  or  purpose 
whatever. 

Sec.  13.  Any  police  life  and  health  insurance  fund,  or 
any  fund  provided  by  law,  heretofore  existing  in  any  county, 
city  and  county,  city,  or  town,  for  the  relief  of  pen- 
sioning of  police  ofiicers,  or  their  life  or  health  insurance, 
or  for  the  payment  of  a  sum  of  money  on  their  death, 
shall  be  merged  with,  paid  into,  and  constitute  a  part  of 
the  fund  created  under  the  provisions  of  this  act;  and  no 
person  who  has  resigned  or  been  dismissed  from  said 
police  department  shall  be  entitled  to  any  relief  from  such 


fund;  provided,  that  any  j^erson,  who,  within  one  year  prior 
to  the  passage  of  this  act,  has  been  dismissed  from  the  police 
department  for  incompetency  or  inefficiency,  and  which  in- 
competency or  ineiRciency  was  caused  solely  by  sickness  or 
disability  contracted  or  suffered  while  in  service  as  a  mem- 
ber thereof,  and  who  has,  prior  to  said  dismissal,  served 
for  twelve  or  more  years  as  such  member,  shall  be  entitled 
•to  all  the  benefits  of  this  act. 

Sec.  14.  On  the  last  day  of  June  of  each  year,  or  as 
soon  thereafter  as  practicable,  the  auditor  of  such  county, 
city  and  county,  city,  or  town  shall  make  a  report  to  the 
board  of  supervisors,  or  other  governing  authority  of  such 
county,  city  and  county,  city,  or  town,  of  all  moneys 
paid  out  on  account  of  said  fund  during  the  previous  year, 
and  of  the  amount  then  to  the  credit  of  the  "Police  relief 
and  pension  fund,"  and  all  surplus  of  said  fund  then  re- 
maining in  said  fund  exceeding  the  average  amount  per 
year  paid  out  on  account  of  said  fund  during  the  three 
years  next  preceding,  shall  be  transferred  to  and  become 
a  part  of  the  general  fund  of  every  such  county,  city  and 
county,  city  or  town,  and  no  longer  under  the  control  of 
said  board,  or  subject  to  its  order.  Payments  provided 
for  in  this  act  shall  be  made  quarterly,  upon  proper 
vouchers. 

Sec.  15.  All  acts  or  parts  of  acts  in  conflict  with  the 
provisions  of  this  act  are  hereby  repealed. 

Sec.  16.  This  act  shall  take  effect  from  and  after  its 
passage. 

An  act  to  provide  for  the  compensation  of  the  chief  and 
captain  of  the  police  and  police-officers  in  cities  in 
the  state  of  California  containing  not  less  than  ten 
thousand  and  not  exceeding  twenty-five  thousand  in- 
habitants. 

[Approved  March  23,  1893.     Stats.  1893,  p.  280.] 

This  act  was  declared  unconstitutional  in  Darcy  v.  Mayor 
of  San  Jose,  104  Cal.  642. 


650  APPENDIX. 

An  act  to  increase  the  police  force  of  the  various  cities, 
and  cities  and  counties,  and  towns  of  the  state,  and 
to  provide  for  the  appointment  of  such  extra  police- 
officers,  and  for  the  payment  of  their  salaries. 

[Approved   February  24,   1891.     Stats.   1891,   10.] 

Section  1.  The  board  of  supervisors,  board  of  trustees, 
or  common  council  of  a  city,  or  city  and  county,  or  town 
of  this  state,  of  the  first,  second  or  fourth  classes,  are 
hereby  authorized  and  empowered  to  increase  the  police 
force  of  their  respective  cities,  and  cities  and  counties,  or 
towns,  from  time  to  time,  as  may  be  deemed  necessary 
by  said  common  council,  board  of  trustees,  or  board  of  su- 
pervisors; provided,  that  the  police  force  in  any  city  or 
city  and  county  shall  not  exceed  in  the  aggregate,  at  any 
^;ime,  one  member  for  every  five  hundred  inhabitants  of 
such  city  or  city  and  county;  provided  further,  that  in 
cities  of  the  third  class  the  police  force  shall  not  ex- 
ceed in  the  aggregate,  at  any  time,  one  member  for  every 
one  thousand  inhabitants  of  said  cities,  according  to  the 
latest  census  of  the  United  States;  said  additional  police 
force  to  be  appointed  by  the  board  of  police  commissioners 
or  other  board  or  authority  now  by  law  empowered  to 
appoint  police-officers  in  their  respective  cities  or  cities 
and  counties^  or  towns. 

Sec.  2.  The  salary  of  additional  police-officers  hereby 
authorized"  shall  be  of  the  same  amounts  for  each  officer 
as  is  now  paid  by  law  to  the  other  members  of  such  police 
force  in  their  respective  cities,  or  cities  and  counties,  or 
towns;  and  said  additional  police-officers  shall  be  paid 
at  the  same  time  and  in  the  same  manner  and  out  of  the 
same  fund  as  the  other  members  of  their  respective  police 
forces  are  now  or  shall  hereafter  be  paid. 

Sec.  3.  The  terms  common  council,  board  of  trustees, 
and  board  of  supervisors  are  hereby  declared  to  include 
any  body  or  board  which,  under  the  law,  is  the  legislative 
department  of  the  government  of  any  city,  or  city  and 
county,  or  town. 


Sec.  4.     This   act   shall  be   In   force    and    effect   from   and 
after  its  passage. 

An  act  authorizing  and  requiring  boards  or  commissions 
having  the  management  and  control  of  said  police 
force  to  grant  the  members  thereof  yearly  vacations. 
[Approved  March  10,  1891.  Stats.  1891,  p.  47.] 
Section  1.  In  every  city  or  city  and  county  of  this  statr- 
where  there  is  a  regularly  organized  paid  police  force, 
the  board  of  supervisors,  common  council,  commissions,  or 
other  body  having  the  management  and  control  of  the  same, 
are  authorized  and  required  once  in  every  year  to  provide 
for  granting  each  member  thereof  a  leave  of  absence  from 
active  duty  for  a  period  of  not  less  than  ten  nor  mor.? 
than  fifteen  days.  Leaves  of  absence  so  granted  must  be 
arranged  by  said  board  or  commission  so  as  not  to  inter- 
fere with  the  police  protection  of  any  such  city  or  city 
and  county,  or  to  impair  in  any  way  the  efficiency  of  the 
department;  and  leaves  of  absence  granted  in  case  of  sick- 
ness or  in  consequence  of  wounds  or  injuries  received  while 
in  the  discharge  of  duty  shall  not  be  construed  to  be  or  ^ 
become  a  part  of  the  leave  of  absence  provided  for  by  this 
act.  No  deduction  must  be  made  from  the  pay  of  any 
police-officer  granted  a  leave  of  absence  under  provisions 
of  this  act. 

Sec.  2.     This  act  shall  take  effect  immediately. 

An    act    regulating    the    hours    of    service    on    regular    duty 
by  members  of   the   police   department   of  cities   of   the 
first   class,  cities  and  counties,  cities    of    the    first    and 
one-half  class,  and  cities  of  the   second  class. 
[Approved  February  27,   1903.     Stats.  1903,  51.] 
The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.     In  all  cities  of  the  first  class,  cities  and  coun- 
ties,   cities    of    the    first    and    one-half    class,    and    cities    of 
the   second   class   of   this   state   where   a   regular   police    de- 
partment     is      maintained,      patrol      captains,      lieutenants, 


652  ■      APPENDIX. 

sergeants,  and  regular  officers  shall  be  required  to  serve 
on  duty  not  longer  than  eight  hours  in  every  twenty-four 
hours;  provided,  that  in  case  of  riot  or  other  emergency, 
every  attache  of  the  police  department  shall  perform  such 
duty  and  for  such  time  as  the  directing  authority  of  the 
department  shall  require. 

Sec.  2.     This  act  shall  take  effect  immediately. 

An  act  to  provide  for  the  appointment  of  policemen,  with 
the  powers  of  peace  officers,  to  serve  upon  the  prem- 
ises, cars  or  boats  of  railroad  and  steamship  com- 
panies. 

[Approved    March    23,    1901.     Stats.    1901,    p.    666.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  The  governor  of  the  state  of  California  is 
hereby  authorized  and  empowered,  upon  the  application  of 
any  railroad  or  steamboat  company,  to  appoint  and  com- 
mission during  his  pleasure  one  or  more  persons  designated 
by  such  company  and  to  serve  at  the  expense  of  such  com- 
pany, as  policeman  or  policemen,  with  the  powers  of  peace 
officers,  and  who,  after  being  duly  sworn,  may  act  as  such 
policeman  or  policemen  upon  the  premises,  cars  or  boats 
of  such  company.  The  company  designating  such  person  or 
persons  shall  be  responsible  civilly  for  any  abuse  of  his  or 
their   authority. 

Sec.  2.  Every  such  policeman  shall,  when  on  duty,  wear 
in  plain  view  a  shield  bearing  the  words  ' '  railroad  police, ' ' 
or  "steamboat  police,"  as  the  case  may  be,  and  the  name 
of  the   company  for  which  he  is  commissioned. 

Sec.  3.     This   act   shall   take   effect   immediately. 


PEIZE   FIGHTING. 
An  act   to   prohibit   prize  fighting. 
[Approved  March  9,   1893.     Stats.   1893,  p.   101.] 
Superseded  by  sec.  -112,  Penal  Code. 


PROSTITUTION.  653 

PEOSTITUTION. 

An  act   to   prevent   compulsory  prostitution   of   women,   and 
the  importation  of  Chinese  or  Japanese  women  for  im- 
moral purposes,  and  to  provide  penalties  therefor. 
[Approved  March  23,  1893.     Stats.  1893,  217.] 

Section  1.  Every  person  who,  within  this  state,  takes 
by  inducement  any  female,  against  her  will  and  without 
her  consent,  for  the  purpose  of  prostitution,  is  punishable 
by  imprisonment  in  the  state 's  prison  not  exceeding  five 
years  and  a  fine  not  exceeding  one  thousand  dollars. 

Sec.  2.  Every  person  who  takes  any  woman  unlawfully, 
and  "against  her  will,  and  by  force,  menace,  or  duress  com- 
pels her  to  live  with  him  in  an  illicit  relation,  against  her 
consent,  or  to  so  live  with  any  other  person,  is  punishable 
by  imprisonment  in  the  state 's  prison  not  less  than  two  nor 
more  than  four  years. 

Sec.  3.  Every  person  bringing  to  or  landing  within  this 
state  any  woman  born  in  the  empire  of  China  or  Japan, 
or  the  islands  adjacent  to  the  empire  of  China,  with  intent 
to  place  her  in  charge  or  custody  of  any  other  person,  and 
against  her  will  to  compel  her  to  reside  with  him,  or  for 
the  purpose  of  selling  her  to  any  person  whatsoever,  is 
punishable  by  a  fine  not  less  than  one  nor  more  than  five 
thousand  dollars,  or  by  imprisonment  in  the  county  jail  not 
less  than  six  nor  more  than  twelve  months. 

Sec.  4.  Any  person  who  shall  sell  or  receive  any  money 
or  other  valuable  thing  for  or  on  account  of  his  placing  in 
custody  any  female  for  the  purpose  of  causing  her  to  co- 
habit with  any  other  male  or  persons  to  whom  she  is  not 
married,  shall  be  guilty  of  a  misdemeanor. 

Sec.  5.  Any  person  who  shall  purchase  or  pay  any  money 
or  other  valuable  thing  for  any  female  for  the  purpose  of 
prostitution,  or  for  tlie  purpose  of  placing  her  for  immoral 
purposes  in  any  house  or  place -against  her  will,  shall  be 
fined  not  less  than  one  thousand  dollars  nor  more  than 
five   thousand   dollars,   and  by   imprisonment   in   the   county 


654  APPENDIX. 

jail  for  a  period  not  less  than  one  year,  nor  more  than  five 
years. 

Sec.  6.  Every  person  who  shall  sell  any  woman,  or  re- 
ceive any  money  or  other  valuable  thing  for  or  on  account 
of  his  placing  in  custody  for  immoral  purposes  any  woman, 
with  or  without  her  consent,  is  punishable  by  imprisonment 
in  the  state's  prison  not  exceeding  five  years,  and  a  fine 
not  exceeding  one  thousand  dollars. 

An  act  to  prevent  the  placing  or  keeping  or  leaving  of 
married  women  in  houses  of  prostitution,  and  to  punish 
persons  therefor. 

[Approved  March  31,  1891.     Stats.  1891,  p.  285.] 

Section  1.  Any  man  who  by  force,  fraud,  intimidation, 
threats,  persuasions,  promises,  or  any  other  means,  places 
or  leaves,  or  procures  any  other  person  or  persons  to  place 
or  leave,  his  wife  in  a  house  of  prostitution,  or  connives 
at,  consents  to,  or  permits  the  placing  or  leaving  of  his 
wife  in  a  house  of  prostitution,  or  allows  or  permits  his 
wife  to  remain  therein,  shall  be  guilty  of  a  felony,  and 
upon  conviction  thereof  shall  be  imprisoned  in  the  state 
prison  for  not  less  than  three  years  nor  more  than  ten 
years. 

Sec.  2.  In  all  prosecutions  under  this  act,  the  wife  shall 
be  a  competent  witness  against  the  husband. 

Sec.   3.     This   act   shall   take    effect   immediately. 


PUBLIC   HEALTH. 

An  act  to  protect  public  health  from  infection  caused  by 
exhumation  and  removal  of  the  remains  of  deceased 
persons. 

[Approved    April    1,    1878.     Stats.    1877-8,    1050.     Amended 
1889,   139.] 

Section  1.  It  shall  be  unlawful  to  disinter  or  exhume 
from  a  grave,  vault,  or  (^her  burial  place,  the  body  or  re- 
mains  of   any    deceased   person,    unless    the    person   or   per- 


PUBLIC   HEALTH.  655 

sons  SO  doing  shall  first  obtain,  from  the  board  of  health, 
health-officer,  mayor,  or  other  head  of  the  municipal  gov- 
ernment of  the  city,  town,  or  city  and  county  where  the 
same  are  deposited  a  permit  for  said  purpose.  Nor  shall 
•such  body  or  remains  disinterred,  exhumed,  or  taken  from 
any  grave,  vault,  or  other  place  of  burial  or  deposit,  be  re- 
moved or  transported  in  or  through  the  streets  or  high- 
ways of  any  city,  town,  or  city  and  county,  unless  the  per- 
son or  persons  removing  or  transporting  such  body  or  re- 
mains shall  first  obtain,  from  the  board  of  health  or  health- 
officer  (if  such  board  or  officer  there  be),  and  from  the 
mayor  or  other  head  of  the  municipal  government  of  the  city 
or  town,  or  city  and  county,  a  permit,  in  writing,  so  to  re- 
move or  transport  such  body  or  remains  in  and  through  such 
streets  and  highways. 

Sec.  2.  Permits  to  disinter  or  exhume  the  bodies  or 
remains  of  deceased  persons,  as  in  the  last  section,  may 
be  granted,  provided  the  person  applying  therefor  shall 
produce  a  certificate  from  the  coroner,  the  physician  who 
attended  such  deceased  person,  or  other  physician  in  good 
standing  cognizant  of  the  facts,  which  certificate  shall 
state  the  cause  of  death  or  disease  of  which  the  person 
died,  and  also  the  age  and  sex  of  such  deceased;  and 
provided  further,  that  the  body  or  remains  of  the  deceased 
shall  be  inclosed  in  a  metallic  case  or  coffin,  sealed  in 
such  manner  as  to  prevent,  as  far  as  practicable,  any 
noxious  or  offensive  odor  or  effluvia  escaping  therefrom, 
and  that  such  case  or  coffin  contains  the  body  or  remains 
of  but  one  person,  except  where  infant  children  of  the 
same  parent  or  parents,  or  parent  and  children,  are  con- 
tained in  such  case  or  coffin.  And  the  permit  shall  contain 
the    above   conditions    and   the   words:    "Permit    to    remove 

and   transport   the  body   of  ,   age   , 

sex  , "  and  the  name,   age   and  sex  shall   be   written 

tlierein.  The  officer  of  the  municipal  government  of  the 
city  or  town,  or  city  and  county,  granting  such  permit, 
shall   require   to   be   paid   for   each   permit    the   sfim   of   ten 


656  APPEXDIX. 

dollars,  to  be  kept  as  a  separate  fund  by  the  treasurer, 
and  which  shall  be  used  in  defraying  expenses  of  and  in 
respect  to  such  permits,  and  for  the  inspection  of  the  me- 
tallic cases,  coffins,  and  inclosing  boxes  herein  required; 
and  an  account  of  such  moneys  shall  be  embraced  in  the  ac- 
counts and  statements  of  the  treasurer  having  the  custody 
thereof. 

Sec.  3.  Any  person  or  persons  who  shall  disinter,  ex- 
hume, or  remove,  or  cause  to  be  disinterred,  exhumed,  or 
removed,  from  a  grave,  vault,  or  other  receptacle,  or  burial 
place,  the  body  or  remains  of  a  deceased  person,  without 
a  permit  therefor,  shall  be  guilty  of  a  misdemeanor,  and  be 
punished  by  fine  not  less  than  fifty  nor  more  than  five 
hundred  dollars,  or  by  imprisonment  in  the  county  jail 
for  not  less  than  thirty  days  nor  more  than  six  months, 
or  by  both  such  fine  and  imprisonment.  Nor  shall  it  be 
lawful  to  receive  such  body,  bones,  or  remains  on  any  ve- 
hicle, car,  barge,  boat,  ship,  steamship,  steamboat,  or  ves- 
sel, for  transportation  in  or  from  this  state,  unless  the 
permit  to  transport  the  same  is  first  received,  and  is  re- 
tained in  evidence  by  the  owner,  driver,  agent,  superin 
tendent,  or  master  of  the  vehicle,  car,  or  vessel. 

Sec.  4.  Any  person  or  persons  who  shall  move  or 
transport,  or  cause  to  be '  moved  or  transported,  on  or 
through  the  streets  or  highways  of  any  city  or  town,  or  city 
and  county,  of  this  state,  the  body  or  remains  of  a  de- 
ceased person,  which  shall  have  been  disinterred  or  ex- 
humed without  a  permit,  as  described  in  section  two  of 
this  act,  shall  be  guilty  of  a  misdemeanor,  and  be  punish- 
able as  provided  in  section  three  of  this  act. 

Sec.  5.  Any  person  who  shall  give  informatiott  to  secure 
the  conviction  of  any  person  or  persons  for  the  violation 
of  the  provisions  of  this  act  shall  be  entitled  to  receive 
the  sum  of  twenty-five  dollars,  to  be  paid  from  the  fund 
collected  from  fines  imposed  and  accruing  under  this  act. 

Sec.  6.  Nothing  in  this  act  contained  shall  be  taken  to 
apply   to  ^he    removal   of   the   remains    of   deceased   persons 


PUBLIC    HEALTH— SCHOOL    OF    INDUSTRY.  Bb7 

from  one  place  of  interment  to  another  cemetery  or  place 
of  interment  within  this  state;  provided,  that  no  permit 
shall  be  issued  for  the  disinterment  or  removal  of  any 
body  unless  such  body  has  been  buried  for  one  year  or 
more  without  the  written  consent  of  the  mayor,  chairman 
of  the  board  of  supervisors  or  city  council  of  any  muni- 
cipality of  the  state.  [Amendment  approved  March  13, 
1889.     Stats.   1889,   p.   139.] 

Sec.  7.     This   act  shall  take   effect  and  be   in  force   from 
the  thirtieth  day  after  its  passage  and  approval. 


SCHOOL   OF   INDUSTRY. 

Act  relating  to  commitments  to  school  of  industry:  See 
post,   title   School  of  Reform. 

Act  to  prevent  evil-disposed  persons  from  coming  on 
grounds  of:   See  post,  title  School  of  Reform. 

An  act  to  establish  a  school  of  industry,  to  provide  for 
the  maintenance  and  management  of  the  same,  and 
to   make   an   appropriation   therefor. 

[Approved  March  11,   1889;   1889,  100.     Amended  1893,   39.] 

Section  1.  There  shall  be  established  at  or  within  a 
convenient  distance  from  lone  City,  in  the  county  of  Ama- 
dor, in  said  state,  an  educational  institution  to  be  designated 
as  the  Preston  school  of  industry. 

Sec.  2.  The  sum  of  one  hundred  and  sixty  thousand 
dollars  is  hereby  appropriated  out  of  any  moneys  in  the, 
state  treasury  not  otherwise  appropriated,  for  the  purpose 
of  purchasing  and  preparing  grounds  for  the  erection  of 
buildings  thereon,  for  the  purchase  of  the  necessary  furni- 
ture, machinery  and  supplies,  and  for  the  payment  of  the 
current  expenses  of  said  school. 

Sec.   3.     The   general  government  and  supervision  of  said 

school  shall  be   vested  in  a  board  of  trustees  consisting  of 

three     citizens    of     the     state    of     California,    who     shall     be 

nj)pointcd    by    the    governor.     The    members    of    said    board 

Pen.  Code— 42 


658  APPENDIX. 

shall  hold  their  offices  for  the  respective  terms  of  two,  three 
and  four  years,  from  the  first  day  of  July,  eighteen  hun- 
dred and  ninety-three,  and  until  their  successors  shall  be 
appointed  and  qualified,  said  respective  terms  to  be  desig- 
nated in  their  appointments;  and  thereafter,  upon  the  ex- 
piration of  such  terms,  there  shall  be  one  of  said  board  ap- 
pointed, whose  term  of  office  shall  be  continued  four  years, 
and  until  his  successor  is  appointed  and  qualified.  Said 
trustees,  before  entering  on  the  discharge  of  the  duties  of 
their  office,  shall  each  take  an  oath  faithfully  to  discharge 
the  same,  [Amendment  approved  February  27,  1893.  Stats. 
1893,  p.   39.     In  effect  July  1,  1893.] 

Sec.  4.  The  board  shall,  with  all  convenient  dispatch, 
select  and  establish  a  site  at  some  suitable  place  in  said 
county  for  said  institution,  and  procure  the  right  of  way 
for  suitable  drainage;  said  site  to  contain  not  less  than 
one  hundred  acres  nor  more  than  three  hundred  acres  of 
land,  to  have  water  facilities  sufficient  for  the  uses  of 
said  school,  and  for  power  in  operating  machinery;  the 
land  to  be  of  a  quality  suitable  for  general  farming  pur- 
poses, and  adapted  to  the  cultivation  of  vines  and  fruit 
trees.  The  land  so  set  apart  by  said  purchase  shall  here- 
after be  used  exclusively  for  the  occupancy  and  purposes 
of  said  school.  It  shall  be  indicated  by  fixed  corners  and 
definite  boundaries.  A  description  thereof,  together  with 
the  deed  therefor,  shall  "be  filed  with  the  secretary  of  state 
at  his  office  within  thirty  days  after  the  purchase  of  the 
same. 

See.  5.  Thereafter  the  board  shall  cause  to  be  prepared 
and  shall  adopt  plans  for  the  grounds,  buildings,  and  fix- 
tures necessary  for  such  an  institution,  of  such  form,  di- 
mensions, and  style  as  to  it  shall  seem  best  adapted  to  the 
purposes  thereof.  In  the  preparation  of  such  plans,  and 
in  the  construction  of  the  buildings,  it  may  employ  a 
competent  architect  at  a  reasonable  compensation. 

Sec.  6.  No  member  of  the  board  or  employee  of  the  in- 
stitution  shall   be   interested   in   any   contract  or   enterprise 


SCHOOL    OF    INDUSTRY.  659 

in  connection  with  said  school.  [Amendment  approved  Feb- 
ruary 27,  1893.  Stats.  18^3,  p.  39.  In  effect  July  1, 
1893.] 

Sec.  7.  This  act  shall  be  construed  as  the  sole  and  ex- 
clusive act  on  the  subject-matter  contained  herein,  un- 
less specially  or  otherwise  herein  provided;  and  none  of 
the  provisions  of  an  act  entitled  "An  act  to  regulate  con- 
tracts on  behalf  of  the  state  in  relation  to  erections  of 
buildings,"  approved  March  twenty-third,  eighteen  hun- 
dred and  seventy-six,  or  any  other  act,  unless  herein  spe- 
cially referred  to,  shall  apply  to  or  govern  or  limit  this 
act,  or  any  of  the  powers  or  duties  in  this  act  conferred  upon 
said   board. 

Sec.  8.  Nothing  in  this  act  contained  shall  be  so  con- 
strued as  to  permit  any  convict  or  convicts,  undergoing 
sentence  in  either  of  the  state  prisons  of  California,  to 
associate  with,  or  be  so  employed  as  to  mingle  with,  any 
person  or  persons  undergoing  commitment  in  the  said 
school. 

Sec.  9.  The  said  school  shall  be  conducted  on  such  jilan 
as  to  the  board  may  seem  best  calculated  tc  carry  out  the . 
intentions  of  this  act,  and  its  inmates  shall  be  subject  to 
military  discipline,  including  daily  drill.  They  shall  be 
clothed  in  military  uniform  of  such  pattern  and  material 
as  may  be  prescribed  by  the  board,  but  under  no  circum- 
stances shall  such  inmates  be  clothed  in  convict  stripes 
while  undergoing  commitment  in  said  school.  [Amend- 
ment approved  February  27,  1893.  Stats.  1893,  p.  39.  In 
effect   July   1,   1893.] 

Sec.  10.  The  members  of  the  board  shall  receive  no 
compensation  for  their  services,  but  shall  be  allowed  tueir 
reasonable  expenses  incurred  while  in  the  discharge  of 
their  official  duties.  The  superintendent  shall  receive  a  sal- 
ary, to  be  fixed  by  the  board,  not  to  exceed  three  thousand 
dollars  per  annum.  The  military  instructor  shall  re- 
ceive a  salary,  to  be  fixed  by  the  board,  not  to  exceed 
twelve    hundred     dollars     per    annum.     The     secretary    and 

22 


Ai^i'ijJiNJJi^'i.. 


commissary  shall  each  receive  a  salary,  to  be  fixed  by  the 
board,  not  to  exceed  fifteen  hundred  dollars  per  annum. 
The  salary  of  no  other  officer  or  employee  of  the  school 
shall  exceed  twelve  hundred  dollars  per  annum.  The  power 
of  the  board  to  fix  the  compensation  of  the  officers  and 
employees,  as  provided  in  section  twelve  of  this  act,  shall 
be  subject  to  these  limitations.  [Amendment  approved  Feb- 
ruary 27,  1893.  Stats.  1893,  p.  39.  In  effect  July  1, 
1893.] 

See.  11.  The  board  shall  elect  a  superintendent,  a  mili- 
tary inspector,  and  a  secretary.  The  superintendent  and 
secretary  shall  give  such  bonds  for  the  faithful  perform- 
ance of  their  duties  as  the  board  shall  determine.  The 
bond  of  the  superintendent  shall  be  for  a  sum  of  not  less 
than  ten  thousand  dollars,  and  that  of  the  secretary  of 
not  less  than  five  thousand  dollars.  The  military  instructor 
must  be  a  man  who  is  a  good  disciplinarian,  and  skilled 
in  military  tactics.  He  shall  receive  from  the  governor 
a  commission,  with  the  rank  of  major.  He  shall  per- 
form such  duties  and  receive  such  salary  as  the  board 
,  may  prescribe.  The  board  shall  meet  once  in  three  months 
for  the  transaction  of  business.  Special  meetings  may 
be  called  by  the   president  when   deemed  necessary. 

Sec.  12.  The  board  shall  cause  to  be  organized  and 
maintained  a  department  of  instruction  for  the  inmates 
of  said  school,  with  a  course  of  study  corresponding,  as 
far  as  practicable,  with  the  course  of  study  in  the  public 
schools  of  this  state,  but  the  course  shall  not  be  higher 
than  the  course  prescribed  in  grammar  schools.  They  shall 
adopt  a  system  of  government,  embracing  such  laws  and 
regulations  as  are  necessary  for  the  guidance  of  the  officers 
and  employees,  for  the  regulation  of  the  hours  of  study 
and  labor,  for  the  preservation  of  order,  for  the  enforce- 
ment of  discipline  and  military  training,  for  the  preserva- 
tion of  health,  and  for  the  industrial  training  of  the  in- 
mates.    The   ultimate   purpose   of   all   such   instruction,    dis- 


SCHOOL,    OF    INDUSTRY.  6«1 

cipline,  and  industries  shall  be  to  qualify  the  inmates  for 
honorable  and  profitable  employment  after  their  release 
from  the  institution,  rather  than  to  make  said  institution 
self-sustaining.  The  board  shall  also  determine  the  num- 
be'I'  of  officers  and  employees  required,  and  shall  prescribe 
their  duties  and  fix  the  amount  of  their  compensation. 

Sec.  13.  The  superintendent,  before  entering  upon  the 
discharge  of  his  duties,  shall  make  and  file  with  the  board 
an  oath  that  he  will  faithfully  and  impartially  discharge 
the  duties  of  his  office.  Thereupon  he  shall,  subject  to 
the  regulations  prescribed  by  the  board,  be  invested  with 
the  custody  of  the  londs,  buildings,  and  all  other  prop- 
erty belonging  to  and  under  the  control  of  the  said  insti- 
tution. He  shall  receive  for  his  services  a  salary  not  ex- 
ceeding the  sum  of  three  thousand  dollars  per  annum.  He 
shall  appoint,  except  as  hereinbefore  provided,  all  officers 
and  employees  of  said  institution,  who  shall  hold  office 
during  his  pleasure.  He  shall  provide  a  book  in  which 
shall  be  registered  the  name,  residence,  occupation,  and 
religious  creed  of  every  boy  received  into  the  school; 
the  date  of  his  reception,  and  the  date  and  condition  of 
his  discharge;  the  names,  residence,  and  occupation  of  his 
parents;  whether  the  boy  was  apprenticed  or  not,  and  if 
so  apprenticed,  the  name,  residence,  and  occupation  of 
the  person  to  whom  he  was  apprenticed.  He  shall  have 
charge  of  all  persons  committed  to  the  institution  by 
any  magistrate  or  court,  shall  use  his  best  efforts  to  em- 
ploy, instruct,  discipline,  and  reform  all  such  persons  under 
his  charge,  and  shall  discharge  such  other  duties  as  the 
said  board  may  direct,  and  shall  at  all  times  be  subject 
to  removal  by  the  board  for  incapacity,  immorality,  negli- 
gence of   duty,  or  cruelty  to  the  inmates. 

Sec.  14.  [Repealed  February  27,  1893.  Stats.  1893,  p. 
40.     In  effect  July  1,  1893.] 

Sec.  15.  When  any  boy  under  the  ago  of  eighteen  years 
shall   be   found    guilty,   by   a    magistrate    or   court    of    com- 


662  APPENDIX. 

petent  jurisdiction,  of  any  offense  punishable  by  fine  or  by 
imprisonment,  or  by  both,  and  who,  in  the  opinion  of  such 
magistrate  or  court,  would  be  a  fit  subject  for  commitment 
to  the  said  school,  it  shall  be  lawful  for  the  magistrate  or 
court  to  suspend  judgment  or  sentence  (except  when  fhe 
penalty  is  life  imprisonment  or  death),  and  to  commit  such 
boy  to  the  said  school  for  a  period  not  exceeding  the  time 
when  he  shall  attain  his  twenty-first  birthday,  unless 
sooner  discharged  by  law,  or  as  in  this  act  provided;  but 
no  boy  who  is  under  the  age  of  eight  years,  or  who  is 
of  unsound  mind,  shall  be  committed  to  the  said  school. 
The  board  shall  have  authority  to  make  rules  reducing, 
as  the  reward  for  good  conduct,  the  time  for  which  such 
person  or  persons  have  been  committed.  It  shall  be  the 
duty  of  all  courts  and  magistrates  committing  any  boy  to 
such  school  to  certify  to  the  superintendent  thereof  the 
age  of  the  person  so  committed  as  nearly  as  can  be  ascer- 
tained by  testimony  taken  under  oath  before  such  court 
or  magistrate,  or  in  such  manner  as  the  court  or  magistrate 
may  direct. 

Sec.  16.  Before  any  commitment,  made  by  a  police 
court,  or  b}'  a  justice  of  the  peace,  under  this  act,  shall  be 
executed,  it  shall  be  approved  by  a  judge  of  the  superior 
court  of  the  county  in  which  the  police  court  or  justice  of 
the  peace  has  jurisdiction,  and  his  approval  indorsed  on 
the  warrant  of  commitment.  But  if  such  sentence  shall 
be  disapproved,  the  police  court  or  justice  of  the  peace 
shall  then  impose  the  ordinary  sentence  prescribed  by  law. 

Sec.  17.  It  shall  be  lawful  for  the  board,  whenever  it 
may  deem  any  inmate  of  said  institution  to  have  been  so 
far  reformed  as  to  justify  his  discharge,  to  give  him  an 
honorable  dismissal,  and  to  cause  an  entry  of  the  reasons 
for  such  dismissal  to  be  made  in  the  book  of  records  pre- 
pared for  that  purpose.  All  persons  thus  honorably  dis- 
missed, and  all  those  who  shall  have  served  the  full  term 
of  their  respective  sentences,  shall  thereafter  be  released 
from   all    penalties   and   disabilities   resulting   from   the    of- 


SCHOOL    OP    INDUSTRY.  663 

fenses  or  crimes  for  which  they  were  committed.  Upon  the 
final  discharge  of  any  inmate  as  in  this  section  provided, 
the  superintendent  shall  immediately  certify  such  discharge 
in  writing,  and  shall  transmit  the  certificate  to  the  magis- 
trate or  court  by  which  such  inmate  or  boy  was  com- 
mitted. Said  magistrate  or  court  shall  thereupon  dismiss 
the  accusation  and  the  action  pending  against  said  per- 
son. 

Sec.  18.  The  board  shall  have  authority  also  to  issue 
certificates  of  conditional  dismissal  and  parole  to  any 
worth}^  boy  confined  in  the  institution,  on  the  following 
conditions:  It  may  bind  such  boy,  by  articles  of  inden- 
ture, to  any  suitable  person,  who  will  engage  to  educate 
him,  and  to  instruct  him  in  some  useful  art  or  trade,  or 
it  may  return  him  to  his  parents,  or  it  may  place  him 
under  the  care  of  any  reputable  person  who  is  a  citizen 
and  a  resident  of  this  state,  after  such  person,  parent, 
guardian,  or  resident  citizen  shall  have  become  bound  to 
the  said  board,  with  good  and  sufficient  sureties,  condi- 
tioned on  the  proper  custody,  care,  education,  and  moral 
and  industrial  training  of  the  said  paroled  boy.  The  time 
of  sucli  conditional  release  shall  be  made  subject  to  good 
behavior  and  continued  reformation  on  the  part  of  the 
person  thus  paroled.  Any  boy  who  violates  his  parole, 
or  who  becomes  habitually  disobedient  and  incorrigible, 
may  be  returned  to  the  said  school  to  serve  the  unexpired 
term  of  his  sentence,  or  complaint  of  his  guardian  and 
the  written  requisition  of  the  superintendent  of  the  said 
school,  and  if  received  from  cither  of  the  state  prisons 
may  be  returned  to  the  same.  Every  paroled  boy  who 
properly  observes  and  obeys  tlic  condition  of  his  parole 
until  the  date  of  the  expiration  of  his  time  of  commitment 
shall  be  entitled  to  all  the  benefits  a„J  immunities  in  this 
act  provided. 

Sec.  19.  Any  Ijoy  wlio  shall,  during  tlie  time  of  his  com- 
mitment, be  found  incorrigible,  or  who  shall  be  an  im- 
proper   subject    for    detention    in    said    school,    may   be-  r«»- 


064  APPENDIX. 

turned  to  the  magistrate  or  court  by  which  said  boy 
was  committed;  and  upon  written  complaint  of  the  board, 
attested  by  the  superintendent  and  filed  with  the  original 
complaint,  it  shall  be  lawful  for  said  court  or  magistrate 
to  enter  judgment  and  pass  such  sentence  as  would  have 
been  lawful  at  the  time  when  the  offender  was  first  com- 
mitted to  the  said  school,  and  if  committed  from  either  of 
the  state  prisons  may  be  returned  to  the  prison  whence 
received  to  serve  out  his  unexpired  term. 

Sec.  20.  Any  boy  under  the  age  of  eighteen  years,  who 
is  undergoing  sentence  in  any  state  prison  in  this  state 
(except  such  as  are  undergoing  a  life  sentence),  and  who 
shall  be  deemed  a  fit  subject  for  training  in  the  said  school, 
maj',  upon  recommendation  of  the  state  board  of  prison 
directors,  with  the  approval  of  the  governor,  be  transferred 
to  said  school  for  the  unexpired  period  of  his  sentence,  and 
when  honorably  discharged  from  said  s;jhool,  as  herein- 
before provided,  shall  be  entitled  to  such  benefits  and  im- 
munities as  are  provided  for  the  other  inmates  of  the 
institution, 

Sec.  21.  Any  person  who  knowingly  permits  or  who  aids 
any  boy  to  escape  from  the  said  school,  or  who  knowingly 
promotes  his  departure,  or  conceals  him  with  the  intent  of 
enabling  such  escaped  boy  to  elude  pursuit,  shall  be  guilty 
of  a  misdemeanor,  and  shall,  upon  conviction,  be  punished 
according  to  law.  Any  fugitive  from  said  institution,  or 
from  the  parties  to  whom  he  is  bound  out  or  apprenticed, 
may  be  arrested  and  returned  to  the  institution  by  any 
person  upon  written  request  or  order  of  the  superintendent 
directed  to  such  person. 

Sec.  22.  The  board  of  trustees  are  hereby  authorized 
and  required  to  contract  for  provisions,  clothing,  medicines, 
forage,  fuel,  and  other  staple  supplies  of  the  school  for 
any  period  of  time  not  exceeding  one  j^ear,  and  such  con- 
tracts shall  be  limited  to  bona  fide  dealers  in  the  several 
classes  of  articles  contracted  for.     Contracts  for  such  arti- 


SCHOOL    OF    INDUSTRY.  665 

eles  as  the  board  may  desire  to  contract  for  shall  be  given 
to  the  lowest  bidder  at  a  public  letting  thereof,  and  if  the 
price  bid  is  a  fair  and  reasonable  one,  and  not  greater  than 
the  usual  market  value  and  prices.  Each  bid  shall  be  ac- 
companied by  such  security  as  the  board  may  require,  con- 
ditioned upon  the  bidder  entering  into  a  contract  upon 
the  terms  of  his  bid,  on  notice  of  the  acceptance  thereof, 
and  furnishing  a  bond,  with  good  and  sufficient  sureties, 
in  such  sum  as  the  board  may  require,  and  to  their  satis- 
faction, that  he  will  faithfully  perform  his  contract.  If 
the  proper  officer  reject  any  article  as  not  complying  with 
the  contract,  or  if  a  bidder  fail  to  furnish  the  articles 
awarded  to  him  when  required,  the  proper  officer  of  the 
school  may  buy  other  articles  of  the  kind  rejected  or  called 
for,  in  the  open  market,  and  deduct  the  price  thereof  over 
the  contract  price  from  the  amount  due  to  the  bidder,  or 
charge  the  same  up  against  him.  Notice  of  the  time,  place, 
and  conditions  of  the  letting  of  contracts  shall  be  given 
for  at  least  two  consecutive  weeks  in  one  newspaper  print- 
ed and  published  in  the  city  and  county  of  San  Francisco, 
in  one  newspaper  printed  and  published  in  the  city  of 
Sacramento,  and  in  one  newspaper  printed  and  published 
in  the  county  of  Amador.  If  all  bids  made  at  such  letting 
are  deemed  unreasonably  high,  the  board  may,  in  their 
discretion,  decline  to  contract,  and  may  again  advertise 
for  such  time  and  in  such  papers  as  they  see  proper  for 
proposals,  and  may  so  continue  to  renew  the  advertisement 
until  satisfactory  contracts  are  made;  and  in  the  mean  time 
the  board  may  contract  with  any  one  whose  offer  is  re- 
garded just  and  equitable,  or  may  purchase  in  the  open 
market.  No  bid  shall  be  accepted,  nor  a  contract  entered 
into  in  pursuance  thereof,  when  such  bid  is  higher  than 
any  other  bid  at  the  same  letting  for  the  same  class  or 
schedule  of  articles,  quality  considered,  and  when  a  con- 
tract can  be  had  at  such  lower  bid.  When  two  or  more 
bids  for  the  same  article  or  articles  are  equal  in  amount, 
the  board  may  select  the  one  which,  all  things  considered, 
may  by  them  be  thought  best  for  the  interest  of  the  state. 


or  they  may  divide  the  contract  between  the  bidders,  as  in 
their  judgment  may  seem  proper  and  right.  The  board  shall 
have  power  to  let  a  contract  in  the  aggregate,  or  they  may 
segregate  the  items  and  enter  into  a  contract  with  the 
bidder  or  bidders  who  may  bid  lowest  on  the  several  arti- 
cles. The  board  shall  have  the  power  to  reject  the  bid  of 
any  person  who  had  a  prior  contract,  and  who  had  not 
in  the  option  of  the  board  faithfully  complied  therewith. 
[Amendment,  approved  February  27,  1893.  Stats.  1893, 
p.  40;  in  effect  July  1,  1893.] 

See.  23.  When  the  premises  are  ready  for  occupancy, 
the  board  shall  certify  such  fact  to  the  governor,  who 
shall  make  due  proclamation  thereof.  Thereafter  it  shall 
be  lawful  for  any  competent  magistrate  or  court  to  com- 
mit juvenile  offenders  to  the  institution,  as  herein  provided. 

Sec.  24.  The  controller  of  state  is  hereby  authorized 
and  directed,  on  requisition  of  the  said  board,  to  draw  his 
warrant  on  the  state  treasurer  in  favor  of  said  board,  to 
pay  for  the  necessary  expenditures  in  the  establishment  and 
maintenance  of  the  said  school,  and  the  state  treasurer  is 
authorized  to  pay  the  same  from  the  appropriations  provided 
for  in  this  act. 

Sec.  25.  For  the  purpose  of  giving  practical  effect  to  the 
provisions  of  this  act,  all  laws  or  parts  of  laws  which  con- 
flict with  the  provisions  hereof  are,  for  the  purposes  of  this 
act  only,  suspended,  and  hereby  made  inapplicable  to  any 
boy  committed  to  and  in  the  custody  of  said  school. 

Sec.  26.  In  all  proceedings  relating  to  commitments  under 
I  his  act,  the  fees  and  compensation  of  the  sheriff  and  other 
officers  of  the  court  shall  be  such  as  are  allowed  by  law  for 
like  proceedings  and  services  in  criminal  cases. 

Sec.  27.  This  act  shall  be  construed  in  conformity  with 
the  intent  as  well  as  with  the  express  provisions  hereof, 
and  shall  confer  upon  the  board  authority  to  do  all  those 
lawful  acts,  from  time  to  time,  which  are  necessary  to  pro- 
mote  the   prosperity   of   the    institution   and   the   well-being 


SCHOOL    OF    INDUSTRY.  667 

and  reformation  of  its  inmates,  incliuliug  the  organization 
of  trade  schools,  the  pvirehase  and  use  of  fixed  and  mov- 
able machinery,  the  erection  of  necessary  buildings  for  ma- 
chinery and  other  purposes,  the  improvement  and  man- 
agement of  a  farm,  orchard,  and  garden,  the  purchase  of 
necessary  supplies  for  the  institution,  and  materials  for  man- 
ufacture, and  performance  of  all  other  necessary  and  lawful 
acts,  not  otherwise  prohibited,  which  may  be  required  to 
comply  with  the  purposes  of  this  act;  but  nothing  herein 
contained  shall  be  so  construed  as  to  permit  said  board  to 
incur  any  indebtedness  or  obligation  in  excess  of  the  ap- 
propriations allowed  by  law  for  the  establishment  and  main- 
tenance of  said  school. 

Sec.  28.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

The  act  of  February  27,  1893  (Stats.  1893,  p.  39),  amend- 
ing the  act  creating  the  school  of  industry,  in  addition  to 
the  provisions  incorporated  in  the  above  act,  contained  the 
following: 

Sec.  7.  For  the  purpose  of  preventing  any  inconvenience 
arising  from  the  transfer  of  the  power  of  superintendence 
and  government  of  said  school  from  the  state  board  of 
prison  directors  to  said  board  of  trustees,  this  act  shall, 
after  the  first  day  of  July,  eighteen  hundred  and  ninety- 
three,  confer  and  devolve  upon  said  board  of  trustees  all 
the  powers,  duties,  and  responsibilities  conferred  or  de- 
volved upon  the  state  board  of  prison  directors,  by  virtue 
of  any  act  heretofore  passed  or  that  may  be  passed  in  re- 
lation to  said  school  at  the  present  session  of  the  legisla- 
ture, and  said  board  of  trustees  shall,  so  far  as  the  gov- 
ernment and  control  of  said  school  or  any  appropriation  re- 
lating thereto  is  concerned,  become  and  remain  the  suc- 
cessors of  said  state  board   of  prison   directors. 

Sec.  8.  This  act  shall  take  effect  and  be  in  force  from 
and  after  the  first  day  of  July,  eighteen  hundred  and  ninety- 
three. 


66S  APPENDIX. 

An  act  to  appropriate  money  for  the  completion  of  the 
building  of  the  Preston  school  of  industry  at  lone,  and 
for  furnishing  and  equipping  the  same. 

[Approved  March  3,  1893.     Stats.  1893,  p.  65.] 

The  act  appropriated  $145,000  for  the  purposes  men- 
tion e,d. 

An  act  to  provide  for  the  purchase  of  additional  land  for  the 
Preston  school  of  industry  at  lone. 

[Approved  April  1,  1897.     Stats.  1897,  422.] 

Section  1.  The  board  of  trustees  of  the  Preston  school 
of  industry  are  hereby  authorized  to  purchase  from  Mrs. 
Emma  Rendell,  for  the  state  of  California,  that  tract  of 
land  contiguous  to  the  tract  of  land  now  used  as  the  ranch 
of  the  Preston  school  of  industry  at  lone.  Said  land  to  be 
purchased  being  described  as  follows:  All  that  certain  tract 
tract  or  parcel  of  land  lying  and  being  in  lone  VaUey,  in 
the  county  of  Amador,  in  the  state  of  California,  and  known 
as  the  Oak  Grove  ranch,  and  bounded  and  described  as  fol- 
lows: Beginning  at  the  northwest  corner  of  the  inclosure 
opposite  the  Oak  Grove  house  on  the  road  between  lone 
City  and  the  "Q"  ranch,  which  corner  is  six  chains  and 
forty-six  links  from  the  north  side  of  said  road  measured 
along  the  western  fence  of  said  inclosure,  thence  running 
across  "Mule"  Creek  south  seventy-five  degrees  and  fifteen 
minutes  east  (true  bearing)  along  the  northern  fence  of  said 
inclosure  forty-four  chains  to  corner  of  said  fence,  thence 
continuing  the  said  course  sixteen  chains  more,  making  in 
all  sixty  chains  to  stake  marked  seven,  thence  south  four- 
teen degrees  forty-five  minutes  west  (true  bearing),  crossing 
two  branches  of  the  aforesaid  road  forty  chains  to  a  stake 
marked  seven,  thence  north  seventy-five  degrees  fifteen  min- 
utes west  (true  bearing),  descending  the  bluif  on  the  south 
side  of  ' '  Mule ' '  Creek  bottom,  sixty  chains  to  a  stake  at  the 
southeast  corner  of  an  inclosure  formerly  occupied  by  A.  E. 


SCHOOL   OF   INDUSTRY— SCHOOL    OF    REFORM.  SW 

Phillips,  thence  north  fourteen  degrees  forty-five  minutes 
cast  (true  bearing)  along  the  fence  of  said  inclosure  cross- 
ing "Mule"  Creek,  and  the  aforesaid  road  forty  chains  to 
the  place  of  beginning,  containing  in  all  two  hundred  and 
forty  acres,  including  the  aforesaid  road — variation  of  needle 
fifteen  degrees  forty  seconds;  provided,  a  good  title,  free  and 
clear  of  incumbrance,  can  be  obtained;  and  provided  further, 
that  the  purchase  price  shall  not  exceed  five  thousand  dol- 
lars, gold  coin  of  the  United  States  of  America. 

Sec.  2.  The  sum  of  five  thousand  dollars,  or  such  portion 
thereof  as  may  be  necessary,  is  hereby  appropriated  out  of 
any  money  in  the  state  treasury  not  otherwise  appropriated, 
for  the  purchase  mentioned -in  the  first  section  of  this  act; 
and  the-  controller  is  hereby  authorized  to  draw  his  warrant 
for  said  amount,  and  the  treasurer  is  hereby  directed  to  pay 
the  same. 

See.  3.     This  act  shall  take  effect  immediately. 

An  act  to  provide  for  certain  improvements  at  the  Preston 
school  of  industry,  lone,  and  to  make  an  appropriation 
therefor. 

[Approved  April  1,  1897.     Stats.  1897,  577.] 

An  act  appropriating  money  for  the  maintenance  and  im- 
provement of  the  water  system  at  the  Preston  school 
of  industry,  including  the  construction  of  a  settling 
reservoir. 

[Approved  March  25,  1901.    Stats.  1901,  811.] 

The  act  appropriated  $7,000  for  the  purpose  specified. 


SCHOOL  OF  REFORM. 
An  act   to   establish  a  state   reform   school  for  juvenile   of- 
fenders, and  to  make  an  appropriation   therefor, 
[Approved  March  11,  1889;  1889,  111.    In  effect  immediately. 
Amended   1893,   328;   1905,  p.   80. 
By  the  statutes  of  1893,  p.  328,  the  title  of  this  act  was 
amended  so  as  to  read:   "An  act  to  establish  a  school  for 


670  APPENDIX. 

the  discipline,  education,  employment,  reformation  and  pro- 
tection of  jiivenile  delinquents  in  the  state  of  California  to 
be  known  as  the  'The  Whittier  State  School.'  "  The  act 
itself  is  as  follows: 

Section  1.  There  shall  be  established  and  maintained 
in  this  stat"",  and  located  at  Whittier,  in  the  county  of  Los 
Angeles,  an  institution  for  the  discipline,  education,  em- 
ployment, reformation,  and  protection  of  juvenile  delinquents 
in  the  state  of  California,  to  be  known  as  "The  Whittier 
State  School;"  and  in  all  judicial,  official,  or  other  pro- 
ceedings, and  in  all  contracts,  transfers,  or  other  instru- 
ments in  writing,  the  above  name  shall  be  deemed  a  suffi- 
cient designation  of  said  institution.  [Amendment  ap- 
proved March  23,  1893.  Stats.  1893,  328.  In  effect  imme- 
diately.] 

Sec.  2.  The  general  supervision  and  government  of  said 
institution  shall  be  vested  in  a  board  of  trustees,  consisting 
of  three  citizens  of  the  state  of  California,  who  shall  be  ap- 
pointed by  the  governor,  with  the  advice  and  consent  of  the 
senate.  The  members  of  said  board  shall  hold  their  offices 
for  the  respective  terms  of  two,  three,  and  four  years  from 
the  first  day  of  March,  eighteen  hundred  and  eighty-nine, 
and  until  their  siiccessors  shall  be  appointed  and  qualified, 
said  respective  terms  to  be  designated  in  their  appointments; 
and  thereafter  there  shall  be  one  of  said  board  appointed 
in  the  same  manner  every  two  years,  whose  term  of  office 
shall  continue  four  years,  and  until  his  successor  is  ap- 
pointed and  qualified.  If  a  vacancy  shall  occur  in  said 
board  by  expiration  of  the  term  of  any  such  trustee,  or  oth- 
erwise, when  the  senate  is  not  in  session,  the  governor  shall 
fill  such  vacancy  for  the  unexpired  term,  subject  to  the  ap- 
proval of  the  senate  at  its  next  regular  session.  Said  trus- 
tees, before  entering  on  the  discharge  of  the  duties  of  their 
office,  shall  each  take  an  oath  faithfully  to  discharge  the 
same. 

Sec.  3.  The  trustees  of  such  institution  shall  be  a  body 
corporate     and    politic     for    certain    purposes,     namely:     To 


SCHOOL    OF    REFORM.  671 

receive,  hold,  use,  and  convey  or  disburse  moneys  or  other 
property,  real  and  personal,  in  the  name  of  said  corporation, 
but  in  trust  and  for  the  use  and  by  the  authority  of  the 
state  of  California,  and  to  control,  manage,  and  direct,  the 
several  trusts  committed  to  them  respectively,  including  the 
organization,  government,  and  discipline  of  all  officers,  em- 
ployees, and  other  inmates  of  said  institution,  with  power 
10  make  contracts,  to  sue  and  be  sued,  plead  and  be  im- 
jjleaded,  to  have  and  to  use  a  common  seal,  and  to  alter  the 
same  at  jjleasure,  and  to  exercise  all  the  powers  usually  be- 
longing to  said  corporations  and  necessary  for  the  successful 
discharge  of  the  obligations  devolved  by  law  upon  said  mem- 
bers of  trust;  provided,  that  they  shall  not  have  power  to 
bind  the  state  by  any  contract  or  obligation  beyond  the 
amount  of  appropriations  which  may  at  the  time  have  been 
made  for  the  purposes  expressed  in  the  contract  or  obligation, 
nor  to  sell  or  convey  any  part  of  the  real  estate  belonging  to 
such  institution  without  the  consent  of  the  legislature,  except 
that  they  may  release  any  mortgage,  or  convey  any  real 
estate  which  may  be  held  by  them  as  security  for  any  money 
or  upon  any  trust,  the  terms  of  which  authorize  such  con- 
veyance; and  provided  further,  that  the  legislature  shall  have 
power  at  any  time  to  amend,  alter,  revoke,  or  annul  the  grant 
of  corporate  powers  herein  contained. 

Sec.  4.  The  said  board  of  trustees  are  hereby  empow- 
ered with  full  power  and  authority  to  select  a  site  for  the 
permanent  location  of  said  school  in  the  county  of  Los 
Angeles.  Said  trustees  shall,  within  thirty  days  after 
their  appointment  and  qualification,  examine  the  different 
sites  offered  by  the  people  of  the  county  of  Los  Angeles 
for  the  location  of  the  said  school,  and  select  therefrom 
a  suitable  location  for  said  buildings;  and  the  site  selected 
by  them  shall  be  and  remain  the  permanent  site  for 
said  school;  said  site  to  contain  not  less  than  forty  nor 
more  than  one  hundred  and  sixty  acres,  giving  preference, 
other   things   being   equal,   to   a  location   central     and      easy 


iirz  APPENDIX. 

of  access  j-rom  all  parts  of  the  county  or  state;  provided, 
that  no  buildings  shall  be  commenced  or  erected  in  said 
county  of  Los  Angeles  until  a  deed  in  fee  simple  of  the 
land  selected  by  the  said  board  of  trustees  shall  be  made 
to  the  state,  and  recorded  in  the  records  of  the  county  re- 
corder of  said  Los  Angeles- County,  and  said  deed  deposited 
in  the  office  of  the  secretary  of  state.  [Amendment,  ap- 
proved March  23,  1893.  Stats.  1893,  p.  328.  In  effect  im- 
mediately.] 

Sec.  5.  The  said  board  of  trustees  shall  prepare  and 
adopt  plans  for  the  grounds,  buildings,  and  fixtures  neces- 
sary and  proper  for  such  an  institution,  not  in  their  judg- 
ment to  exceed  in  cost  the  amount  of  money  hereinafter  ap- 
propriated, but  if  practicable,  of  such  description  that  other 
buildings  can  be  added  to  or  enlarged  without  injury  to  their 
symmetry  or  usefulness;  and  may  let  or  make  all  necessary 
contracts,  with  the  approval  of  the  governor,  for  the  con- 
struction of  such  buildings  and  fixtures,  and  the  improve- 
ment of  the  grounds,  according  to  such  plans.  Said  board 
of  trustees  shall  use  all  practicable  diligence  in  the  com- 
mencement and  completion  of  said  buildings  and  fixtures, 
and  the  improvement  of  the  grounds,  according  to  such  plans. 

Sec.  6.  No  trustee  or  employee  of  such  institution  shall 
be  personally,  directly,  or  indirectly  interested  in  any  con- 
tract, purchase,  or  sale  made,  or  any  business  carried  on,  in 
behalf  of  or  for  said  institution.  All  contracts,  purchases, 
or  sales  made  in  violation  of  this  section  shall  be  held  and 
declared  null  and  void,  and  all  moneys  paid  to  such  trustee, 
employee,  or  any  other  person  for  hia  benefit,  in  whole  or  in 
part,  in  consideration  of  such  purchases,  contracts,  or  sales 
made,  may  be  recovered  back  by  civil  suit,  to  be  instituted 
in  the  name  of  the  state  of  California,  against  such  trustee, 
employee,  or  person  acting  in  his  behalf;  and  in  addition  it 
is  hereby  made  the  duty  of  the  governor  and  the  board  of 
trustees,  as  the  case  may  be,  upon  proof  satisfactory  of  the 
fact  of  such  interest,  to  immediately  remove  the  trustee  or 


SCHOOL,    OF    REFORM.  673 

employee  delinquent  as  aforesaid,  and  to  report  the  facts  to 
the  attorney-general,  who  shall  take  such  legal  steps  in  the 
premises  as  he  shall  deem  expedient. 

Sec.  7.  The  board  shall  make  all  needful  rules  and  regu- 
lations concerning  their  meetings  and  the  modes  of  trans- 
acting their  business;  shall  take  charge  of  said  institution 
to  see  that  its  affairs  are  properly  conducted,  that  strict 
discipline  is  maintained,  and  the  suitable  employment  and 
education  are  provided  for  its  inmates.  They  are  authorized 
to  make  contracts  for  the  purchase  of  furniture,  apparatus, 
tools,  stock,  provisions,  and  everything  necessary  to  equip 
the  institution  for  the  purposes  herein  specified,  and  to 
maintain  and  operate  the  same;  provided,  said  board  shall 
incur  no  expense  nor  contract  any  any  debt  beyond  appro- 
priations made  or  donations  given  for  the  said  school;  and 
then  only  in  such  manner  as  may  be  prescribed  by  the  act 
of  appropriation  or  the  instrument  of  donation.  [Amend- 
ment approved  March  23,  1893.  Stats.  1893,  p.  329.  In  ef- 
fect immediately.] 

Sec.  8.  The  board  shall  annually  elect  from  their  own 
number  a  president  and  a  vice-president,  whose  term  of  ofQ.ce 
shall  be  for  one  year,  and  until  their  successors  shall  be 
duly  appointed  and  qiialified.  They  shall  also  elect  a  treas- 
urer, not  one  of  their  own  number,  whose  term  of  office  shall 
be  for  two  years  and  until  his  successor  shall  be  duly  elected 
and  qualified;  who  shall  be  at  all  times  subject  to  removal 
by  the  board  for  good  cause.  [Amendment,  approved  March 
23,  1893.     Stats.  1893,  p.  329.     In  effect  immediately.] 

See.  9.  The  board  shall  appoint  a  superintendent  of 
said  school,  not  of  their  own  number,  whose  salary  shall 
be  fixed  by  said  board,  not  to  exceed  three  thousand  six 
hundred  dollars  per  annum,  and  shall  also  appoint  such 
other  officers  and  such  assistants  as  the  wants  of  the  institu- 
tion may  from  time  to  time  require,  and  shall  prescribe 
their  duties  and  fix  their  salaries,  as  may  be  reasonable. 
Pen.  Code— 43 


674  APPENDIX. 

[Amendment,  approved  March  23,  1893.     Stats.  1893,  p.  329. 
In  effect  immediately.] 

Sec.  10.  Said  board  of  trustees  shall,  on  or  before  the 
first  day  of  December,  every  two  years,  make  to  the  gov- 
ernor a  full  and  detailed  report  of  their  doings  as  such  trus- 
tees, and  of  the  expense  of  said  institution,  with  such  other 
information  relating  thereto  as  they  may  think  interesting 
or  useful  to  the  statej  which  report  shall  be  communicated 
by  the  governor  to  the  next  succeeding  session  of  the  state 
legislature.  Said  trustees  shall  receive  no  salary  for  their 
services  as  such  from  the  state,  but  shall  be  allowed  all  nec- 
essary expenses  incurred  in  the  discharge  of  their  duties. 

Sec.  11.  The  board  of  trustees  shall  have  a  regular  meet- 
ing once  every  three  months,  at  such  time  and  place  as  they 
may  direct;  special  meetings  may  be  called  by  the  presi- 
dent of  said  board  in  all  cases  where  it  becomes  necessary 
for  such  a  meeting. 

Sec.  12.  The  superintendent,  before  entering  upon  the 
duties  of  his  office,  shall  take  an  oath  faithfully  to  dis- 
charge the  same,  and  execute  a  bond,  with  sureties  to  be 
approved  by  the  board,  in  a  sum  to  be  fixed  by  the  board, 
conditioned  for  the  faithful  performance  of  all  his  duties 
as  such  superintendent.  He  shall  be  a  resident  at  the  insti- 
tution, and  shall  be  ex-offieio  the  secretary  of  the  board, 
taking  charge  of  all  books  and  papers.  He  shall  have  charge 
of  the  land,  buildings,  furniture,  apparatus,  tools,  stock,  pro- 
visions, and  every  other  species  of  property  belonging  to  the 
institution,  subject  to  the  direction  and  control  of  said  board, 
and  shall  account  to  the  board  in  such  manner  as  they  may 
require  for  all  property  intrusted  to  him,  and  all  moneys  re- 
ceived by  him,  from  whatever  source,  shall  be  deposited  with 
the  treasurer.  His  books  shall  at  all  times  be  open  to  the  in- 
spection of  the  board,  who  shall  at  least  once  in  every  three 
months  carefully  examine  the  same,  and  all  accounts,  vouch- 
ers, documents  connected  therewith,  and  make  a  report  of  the 
result  of  such  examination  in  a  book  provided  for  the  pur- 


SCHOOL    OP    REFORM.  6f5 

pose.  He  shall  have  charge  of  the  inmates  of  said  institu- 
tion; he  shall  discipline,  govern,  instruct,  employ,  and  use 
his  best  efforts  to  reform  the  children  and  youth  under  his 
care,  and  shall  at  all  times  be  subject  to  removal  by  the 
board  for  incapacity,  cruelty,  negligence,  immorality,  or  any 
other  good  cause.  « 

Sec.  13.  The  treasurer,  before  entering  upon  the  duties 
of  his  office,  shall  take  an  oath  faithfully  to  discharge  the 
same,  and  shall  execute  a  bond  to  the  people  of  California, 
with  sureties,  to  be  approved  by  said  board,  in  at  least 
double  the  sum  of  money  for  which  he  may  be  responsible 
as  treasurer,  conditioned  for  the  faithful  performance  of  all 
his  duties  as  such  treasurer;  he  shall  take  charge  of  all  the 
funds  of  the  institution,  receiving  the  same  and  disbursing 
them  on  the  written  order  of  the  superintendei|t,  and  shall 
account  to  the  board,  in  such  a  manner  as  they  may  require, 
for  all  funds  intrusted  to  him,  from  whatever  source.  His 
books  shall  at  all  times  be  open  to  the  inspection  of  the 
board  and  superintendent,  who  shall  at  least  once  in  every 
six  months  carefully  examine  the  same,  and  all  the  accounts, 
vouchers,  and  documents  connected  therewith,  and  make  a 
report  of  the  result  of  such  examinations.  Such  treasurer 
must  be  a  citizen  of  Los  Angeles  County,  and  shall  receive 
for  his  services  a  salary  of  six  hundred  dollars  per  annum. 

Sec.  14.  Said  board  of  trustees  shall  arrange  the  build- 
ing or  buildings  to  be  used  for  said  school,  and  the  grounds 
about  the  same,  so  that  a  portion  thereof  may  be  used  for 
the  proper  confinement,  care,  and  education  of  the  male 
inmates,  and  the  remaining  portion  for  the  proper  confine- 
ment, care,  and  education  of  the  female  inmates,  and  to  the 
absolute  exclusion  of  all  communication  of  any  kind  or  char- 
acter between  the  sexes.  [Amendment,  approved  March  23, 
1893.     Stats.  1893,  p.  329.     In  effect  immediately.] 

Sec.  15.  Whenever  said  institution  shall  have  been 
so  far  comijleted  as  to  properly  admit  of  the  reception 
of  inmates  therein,  the  governor  shall  make  due  proclama- 


G76  APPENDIX. 

tion  of  that  fact;  and  thereafter  it  shall  be  lawful  for  said 
board  of  trustees  to  receive  into  its  care  and  guardianship 
minors  between  the  ages  of  eight  and  eighteen  years  com- 
mitted to  its  custody,  as  hereinafter  provided.  [Amend- 
ment, approved  March  23,  1893.  Stats.  1893,  p.  329.  In  ef- 
fe';t  injmediately.] 

Sec.  16.  When  any  boy  between  the  ages  of  seven  and 
sixteen  or  any  girl  between  the  ages  of  seven  and  eighteen 
years  shall  be  found  guilty  by  a  superior  court  of  any  county 
in  the  state,  and  who  in  the  opinion  of  such  court  would  be 
a  fit  subject  for  commitment  to  the  said  school,  it  shall  be 
lawful  for  the  said  court  to  suspend  judgment  or  sentence 
(except  when  the  penalty  is  life  imprisonment  or  death), 
and  to  commit  such  minor  to  the  said  school  until  any  such 
male  minor  shall  have  reached  the  age  of  sixteen  years  and 
any  such  female  minor  shall  have  reached  the  age  of  twenty- 
one  years  unless  sooner  discharged  by  law  or  as  in  this  act 
provided;  but  no  minor  who  is  under  the  age  of  seven  years 
or  who  is  suffering  from  any  contagious,  infectious  or  other 
disease  which  would  probably  endanger  the  lives  or  health 
of  the  other  inmates  of  said  school,  shall  be  committed  to 
said  school;  and  further  provided  that  no  such  minor  shall 
be  committed  to  said  school  unless  the  judge  of  such  court 
shall  be  fully  satisfied  that  the  mental  and  physical  condi- 
tion and  qualifications  of  said  minor  are  such  as  to  render 
it  probable  that  such  minor  will  be  benefited  by  the 
reformatory  and  educational  discipline  of  said  school.  The 
board  of  trustees  of  said  school  shall  have  authoritj-  to  make 
rules  reducing,  as  the  reward  for  good  conduct,  the  time  for 
which  such  person  or  persons  have  been  committed.  It  shall 
be  the  duty  of  all  courts  committing  any  minor  to  such 
school  to  certify  to  the  superintendent  thereof  the  age  of 
the  person  so  committed,  as  nearly  as  can  be  ascertained 
bj'  testimony  taken  under  oath  before  such  court  or  in 
such  manner  as  the  court  may  direct.     [Am'd.  1905,  p.  80.] 

Sec.  16a.  Any  child  between  seven  and  fourteen  years  of 
age,  who  willfully  and  habitually  absents  himself  or  herself 
from  school  contrary  to  the  provisions  of  an  act  entitled  an 
act  to   enforce   the   educational   rights   of   children   and  pro- 


SCHOOL    OF    REFORM.  B77 

viding  penalties  for  violation  of  the  act,  approved  March  24, 
1903,  may  be  committed  to  the  Whittier  State  School  by  any 
siiperior  court  judge  on  the  complaint  of  any  peace  officer, 
teacher,  parent,  guardian  or  other  person,  under  the  same 
conditions  and  in  the  same  manner  as  provided  in  section 
sixteen  of  this   act.     [New   section,   1990,  p.   81.] 

Sec.  16b.  Any  child  who  conies  under  the  provisions  of  an 
act  entitled  an  act  defining  and  providing  for  the  control, 
protection  and  treatment  of  dependent  and  delinquent  chil- 
dren; prescribing  the  powers  and  duties  of  courts  with  re- 
spect thereto;  providing  for  the  appointment  of  probation  of- 
ficers, and  prescribing  their  duties  and  powers;  providing 
for  the  separation  of  children  from  adults  when  confined  in 
jails  or  other  institutions;  providing  for  the  appointment  of 
boards  to  investigate  the  qualifications  of  organizations  re- 
ceiving childrtu  under  this  act  and  prescribing  the  duties 
of  such  boards;  and  providing  what  proceedings  under  this 
act  shall  be  admissible  in  evidence,  approved  February  26th, 
1903,  may  be  committed  to  the  Whittier  State  School  by  any 
superior  judge  under  the  same  conditions  and  in  the  same 
manner  as  provided  in  section  sixteen  of  this  act.  [Am'd. 
1905,  p.  81.] 

Sec.  16c.  It  shall  be  lawful  for  the  board,  whenever  it 
may  deem  any  inmate  of  said  institution  to  have  been  so  far 
reformed  as  to  justify  his  discharge,  to  give  him  an  honor- 
able dismissal,  and  to  cause  an  entry  of  the  reasons  for 
such  dismissal  to  be  made  in  the  book  of  records  prepared 
for  that  purpose.  All  persons  thus  honorably  dismissed,  and 
all  those  who  shall  have  served  the  full  term  of  their 
respective  sentences,  shall  thereafter  be  released  from  all 
penalties  and  disabilities  resulting  from  the  offense  or  crime 
for  which  they  may  have  been  committed.  Upon  the  final 
discharge  of  any  inmate,  as  in  this  section  provided,  the 
superintendent,  where  any  sentence  or  judgment  was  pre- 
viously suspended,  as  mentioned  in  section  sixteen  of  this 
act,  shall  immediately  certify  such  discharge,  in  writing,  and 
shall  transmit  the  said  certificate  to  the  court  by  which  such 
person  was  committed,  and  said  court  shall  thereupon  dismiss 
the  accusation,  and  the  action  pending  against  said  person. 
[Am'd.  1905,  p.  82.] 

Sec.  16d.  The  board  shall  have  authority  also  to  issue 
certificates  of  conditional  dismissal  and  parole  lo  any  worthy 


678  APPEXDIX. 

minor  confined  in  the  institution,  on  the  following  condi- 
tions: It  may  bind  such  minor  by  articles  of  indenture  to 
any  suitable  person  who  will  engage  to  educate  him,  and  to 
instruct  him  in  some  useful  art  or  trade,  or  it  may  return 
him  to  his  parents,  or  it  may  place  him  under  the  care  of 
any  reputable  person  who  is  a  citizen  and  a  resident  of  this 
state,  after  such  person,  parent,  guardian  or  resident  citizen 
shall  have  become  bound  to  the  said  board,  with  good  and 
sufficient  sureties,  conditioned  on  the  proper  custody,  care, 
education,  and  moral  and  industrial  training  of  the  said  pa- 
roled minor.  The  time  of  such  conditional  release  shall  be 
made  subject  to  good  behavior  and  continued  reformation 
on  the  part  of  the  person  thus  paroled.  Any  minor  who 
violates  his  parole,  or  who  becomes  habitually  disobedient 
and  incorrigible,  may  be  returned  to  the  said  school  to  serve 
the  unexpired  term  of  his  sentence,  on  complaint  of  his 
guardian  and  the  written  requisition  of  the  superintendent 
of  said  school.  Every  paroled  minor  who  properly  observes 
and  obeys  the  condition  of  his  parole  until  the  date  of  the 
expiration  of  his  term  of  commitment  shall  be  entitled  to 
all  the  benefits  and  immunities  in  this  act  provided.  If 
at  any  time  it  shall  be  determined  by  the  board  of  trustees 
of  said  school,  to  its  satisfaction,  that  any  minor  who 
may  have  been  committed  to  the  care  or  guardianship  of 
any  third  person,  as  in  this  section  previously  provided, 
is  not  being  properly  treated  or  cared  for,  according  to  the 
terms  and  conditions  under  which  such  minor  was  intrusted 
to  said  third  person,  then  by  a  resolution  of  the  said  board 
entered  upon  its  minutes,  and  upon  the  requisition  of  the 
superintendent  of  said  institution  issued  thereon,  the  said 
m.inor  may  be  recalled  to  said  school,  and  he  or  she  shall  be 
released  from  all  obligations  to  such  third  person.  And  in 
such  case  the  said  board  shall  have  the  right  to  maintain  all 
necessary  actions  or  proceedings  against  the  said  third  per- 
son and  his  bondsmen  to  recover  the  penalty  in  whatever 
bonds  may  be  given  bj-  reason  of  the  failure  of  said  third 
person  to  perform  the  conditions  under  which  said  minor 
was  intrusted  to  his  care;  and  in  the  event  of  minors  who 
niay  have  been  bound  out  by  the  said  board  of  trustees  by 
articles  of  indenture,  the  said  board  shall  institute  and 
maintain  all  proper  actions  and  proceedings  to  cancel  and 
Sec.  16e.  Any  male  member  who  shall,  during  the  time  of 
annul  said   articles   of   indenture.     [Stats.   1905,   p.   82.J 


SCHOOL     OF     REFORM.  679 

his  commitment,  be  found  incorrigible,  who  shall  be  in  the 
judgment  of  the  board  of  trustees  of  said  school  determined 
to  be  an  improj^er  person  for  detention  in  said  school,  may 
be  returned  to  the  court  from  which  such  minor  was  com- 
mitted, and  upon  written  complaint  of  the  said  board,  at- 
tested by  the  superintendent  of  said  school,  and  tiled  with 
the  original  complaint,  it  shall  be  the  duty  of  said  court 
to  commit  said  male  niin6r  to  the  Preston  School  of  Industry 
for  such  judgment  and  sentence  as  would  have  been  lawful 
at  the  time  when  the  said  minor  was  first  committed  to  the 
said  school.     [Am'd.  1905,  p.  82.] 

Sec.  17.  If  any  accusation  of  the  commission  of  any  crime 
shall  be  made  against  any  male  minor  under  the  age  of 
sixteen  years  or  any  female  minor  under  the  age  of  eighteen 
years  before  any  grand  jury  and  the  charge  appears  to  be 
supported  by  evidence  sufficient  to  put  the  accused  upon 
trial,  the  grand  jury  may,  in  their  discretion,  instead  of 
finding  an  indictment  against  the  accused,  return  to  the 
superior  court,  as  it  appears  to  them  that  the  accused  is  a 
suitable  person  to  be  committed  to  the  court  and  guardian- 
ship of  said  institution.  The  court  may  thereupon  order 
such  commitment,  if  satisfied  from  the  evidence  that  such 
commitment  ought  to  be  made,  which  examination  may  be 
waived  by  the  parent  or  guardian  of  such  minor.  [Am  'd. 
1905,  p.  82.] 

Sec.  18.  If  any  male  minor  between  the  ages  of  seven 
and  sixteen  or  any  female  minor  between  the  ages  of  seven 
and  eighteen  shall  be  arraigned  for  trial  in  any  court  having 
competent  jurisdiction,  on  charge  of  any  violation  of  any 
criminal  law  of  this  state  (except  for  tjie  commission  of  a 
capital  offense  or  attempt  to  commit  a  capital  offense),  the 
judge  may,  in  his  discretion,  with  the  consent  of  the  accused, 
arrest  at  any  stage  of  the  cause  any  further  proceedings  on 
the  part  of  the  prosecution  and  commit  the  accused  to  the 
care  and  guardianship  of  this  institution.  [Am'd.  1905,  p. 
82.] 

See.  19.  All  male  minors  between  the  ages  of  seven  and 
sixteen,  and  all  female  minors  between  the  ages  of  seven 
and  eighteen  who  may  be  accused  of  any  offense  punishable 
by  imprisonment,  shall,  with  a  view  to  the  question  whether 
they  ought  to  be  committed  to  said  institution,  be  entitled 
to  a  private  examination  and  trial  before  a  court  having 
competent  jurisdiction,  to  which  only  the  parties  to  the 
case   and   the  parent  or  guardian   of  the   accused  and  their 


680  APPENDIX. 

attorneys  shall  be  admitted,  unless  one  of  the  parents,  the 
guardian  or  other  legal  i-epresentative  of  the  minor  demand 
a  public  trial;  on  such  case  the  proceedings  shall  be  in  the 
usual   manner.      [Am'd.    1905.   p.    82.] 

The  amendatory  act  of  March  7,  1905,  contains  the  fol- 
lowing section: 

Sec.  10.  Within  sixty  days  after  the  passage  of  this  act 
and  its  approval  by  the  governor  it  shall  be  the  duty  of  the 
board  of  trustees  of  the  Whittier  State  School  to  cause  all 
male  inmates  of  said  school  who  are  over  sixteen  years  of 
age  to  be  committed  to  the  Preston  School  of  Industry. 
[Statute  March  7,  1905,  statute  1905,  p.  83.] 

Sec.  20.  It  shall  also  be  lawful  for  the  said  board  of 
trustees,  under  such  rules  as  they  may  prescribe,  to  re- 
ceive into  the  care  and  guardianship  of  said  institution, 
whenever  it  may  be  convenient  so  to  do,  minors  between 
the  ages  of  eight  and  eighteen  years,  committed  to  custody 
in  any  of  the  following  modes: 

1.  Minors  committed  by  any  judge  of  a  superior  court 
of  this  state,  on  the  complaint  in  writing,  filed  and  due 
proof  thereof  made  by  the  parent  or  guardian  of  such 
minor,  showing  that  by  reason  of  the  incorrigible  and 
vicious  conduct  or  nature  of  such  minor  he  is  beyond  the 
control  and  power  of  such  parent  or  guardian,  and  that 
from  a  regard  for  the  future  welfare  of  such  minor  and  the 
protection  of  society  it  appears  that  such  minor  should  be 
placed  in   the   care   of  such   institution. 

2.  Minors  committed  by  any  judge  of  the  superior  court 
of  this  state  where  complaint  in  writing  has  been  filed  and 
due  proof  of  the  iame  has  been  made  showing  that  such 
minor  is  a  proper  subject  for  the  care  and  guardianship 
of  such  institution  in  consequence  of  vagrancy  or  of  in- 
corrigible or  vicious  conduct,  in  cases  where,  from  moral 
depravity  or  otherwise,  the  parent  or  guardian  having  the 
control  of  such  minor  is  incapable  of  exercising  or  is  un- 
willing to  exercise  the  proper  care  or  discipline  over  such 
minor,  or  in  cases  where  such  minor  has  no  parent,  guardian, 
or  other  protector. 

3.  Minors  committed  by  any  judge  of  the  superior  court 
of  this  state  where  complaint  in  writing  has  been  filed 
and  due  proof  of  the  same  has  been  made  by  the  mother  or 
guardian,   when   the   father   is   dead,   or   has   abandoned   his 


SCHOOL    OP    REFORM.  681 

family,  or  is  an  habitual  rlrunkard,  or  does  not  provide  for 
the  support  of  such  minor,  and  it  appears  that  such  minor 
is  destitute  of  a  suitable  home  and  of  adequate  means  of 
obtaining  an  honest  living,  or  is  in  danger  of  being  brought 
up  to  lead  an  idle  and  immoral  life,  and  where  such  mother 
or  guardian  is  unable  to  provide  the  proper  support  and 
care  for  such  minor.  [Amendment,  approved  March  23,  1893. 
Stats.  1893,  p.  332.     In  effect  immediately.] 

Sec.  21.  Before  conveying  minors  to  said  institution, 
the  person  or  persons  having  charge  of  said  minors  shall 
ascertain  from  the  superintendent  whether  they  can  be  re- 
ceived; if  they  cannot,  then  the  case  of  such  minors  shall 
be  disposed  of  as  if  this  act  had  never  been  passed  and  no 
proceedings  taken  under  it.  [Amendments,  approved  March 
23,  1893.     Stats.  1893,  p.  333.     In  effect  immediately.] 

Sec.  22.  In  all  cases  where  the  commitment  is  executed 
by  the  official  person,  whose  proceedings  are  usually  evi- 
denced by  the  record,  or  where  the  occasion  of  the  com- 
mitment is  a  criminal  charge  or  conviction  against  the  in- 
fant, no  other  record  shall  be  made  (unless  demanded  by 
the  infant,  his  parent,  or  guardian)  than  that,  in  substance, 
such    infant    (naming   him),   who    on   a   day   therein   named 

was  of  the  age  of  years,  having  been  brought  before 

said  court  or  officer,  and  it  having  been  ascertained  by 
the  testimony  of  the  witnesses  that  such  infant  was  a 
suitable  person  to  be  committed  to  the  instruction  and 
discipline  of  such  institution,  and  in  case  of  conviction  for 
crime  (naming  the  offense),  therefore  such  infant  was  or- 
dered to  be  committed  to  said  institution. 

Sec.  23.  Upon  the  discharge  of  any  person  committed 
to  said  school,  the  superintendent  thereof,  under  such  regu- 
lations and  restrictions  as  the  said  board  of  trustees  may 
prescribe,  may  provide  such  person  with  suitable  clothing 
and  five  dollars  in  money,  and  procure  transportation  for 
such  person  to  his  or  her  home,  if  resident  in  this  state, 
or  to  the  county  to  which  he  or  she  may  have  been  com- 
mitted, at  his  or  her  option.  [Amendment,  approved  March 
23,  1893.     Stats.  1893,  p.  333.     In  effect  immediately.] 

Sec.  24.  Said  board  of  trustees  shall,  with  the  approval 
of  the  governor,  estimate   and   determine,   aa  near  as   may 


6S2  APPENBIX. 

be,  the  actual  expenses  per  month  of  keeping  and  taking 
care  of  each  minor  committed  to  said  institution,  not  in- 
cluding the  use  of  grounds  and  buildings,  and  shall  include 
a  statement  of  such  estimated  price  in  each  biennial  report 
to  the  governor.  When  any  minor  is  committed  to  said 
institution  at  the  instance  of  his  or  her  parent  or  guar- 
dian, or  other  protector,  the  cost  of  keeping  said  minor, 
including  the  cost  of  transporting  to  and  from  the  institu- 
tion, shall  be  wholly  paid  by  such  parent  or  guardian; 
unless,  by  reason  of  the  poverty  of  such  parent  or  guar- 
dian or  other  good  cause,  said  board  of  trustees  shall 
otherwise  order  and  direct;  in  such  case,  such  expenses, 
including  the  cost  of  transportation,  shall  be  borne  one- 
half  by  the  county  from  which  such  minor  is  committed, 
and  the  remaining  one-half  shall  be  borne  by  the  state; 
and  in  every  ease  where  a  minor  who  has  no  parent, 
guardian,  or  other  protector,  who  is  able  to  pay  the  cost 
of  transportation  to  and  cost  of  maintenance  at  said 
school,  is  committed  thereto,  such  cost  of  transportation 
and  maintenance  of  such  minor  shall  be  borne,  one-half 
by  the  state  and  the  other  half  by  the  county  from  which 
said  minor  is  committed.  The  expense  which  any  county 
may  be  liable  to  pay  on  account  of  any  minor  committed  to 
said  institution  under  the  provisions  of  this  act  shall  be 
paid  by  the  board  of  supervisors  into  the  state  treasury  on 
a  certified  and  detailed  statement  as  to  the  amount  due 
therefor  from  such  county  being  furnished  to  the  auditor 
of  the  county  by  said  superintendent;  but  in  no  case 
shall  the  amount  charged  to  any  county  for  the  keeping  of 
any  minor  exceed  one-half  of  the  estimated  cost  to  the 
state  of  his  or  her  support,  exclusive  of  the  use  of  the  per- 
manent property  of  the  institution.  All  moneys  paid  by 
such  counties  under  the  provisions  of  this  section  into 
the  state  treasury  shall  be  lAaced  in  a  fund,  to  be  desig- 
nated and  known  as  the  "Whittier  Eeform  School  fund," 
for  the  use  of  said  institution;  provided,  however,  that  no 
order   shall   be    made   by   said   board   of   trustees      charging 


SCHOOL    OF    REFORM.  683 

any  county  with  one-half  of  the  cost  of  keeping  in  the 
institution  any  infant  coremitted  at  the  instance  of  his  or 
her  parent  or  guardian,  or  other  protector,  unless  a  cer- 
tificate in  writing  is  first  produced,  signed  by  the  presi- 
dent of  the  board  of  supervisors  of  such  county,  setting 
forth  that  the  case  is  one  in  which  the  expense  should  be 
charged  to  the  state  and  county,  and  also  setting  forth  the 
reasons  for  their  being  so  charged.  [Amendment,  approved 
March  23,  1893.     Stats.  1893,  333.     In  effect  immediately.] 

Sec.  25.  Immediately  after  the  governor  shall  make 
proclamation  that  said  institution  is  ready  for  the  recep- 
tion of  inmates,  the  board  of  trustees  shall  make  the  es- 
timated actual  expense  per  month  of  keeping  and  taking 
care  of  the  infants,  as  required  under  section  twenty-four, 
which  estimate  shall  control  in  such  matters  until  the  first 
biennial  report  of  said  board  is  made. 

Sec.  26.  If  any  person  procure  the  escape  of  any  person 
committed  to  the  school,  or  advise  or  connive  at,  aid,  or 
assist  in  such  escape,  or  conceal  any  such  person  so  com- 
mitted after  such  escape,  he  shall,  upon  conviction  thereof 
in  any  superior  court,  be  punished  by  a  fine  of  not  less  than 
two  hundred  dollars  nor  more  than  one  thousand  dollars, 
or  be  imprisoned  in  the  county  jail  not  less  than  two 
months  nor  more  than  one  year,  or  by  both  such  fine  and 
imprisonment;  or,  if  such  person  so  convicted  be  under  the 
age  of  sixteen  years  then  he  shall  be  sentenced  to  the  school, 
as  in  this  act  provided.  [Amendment,  approved  March  23, 
1893.     Stats.   1893,   334.     In  effect  immediately.] 

Sec.  27.  If  any  parent,  or  guardian,  or  master  to  whom 
H.  minor  has  been  apprenticed,  or  any  person  occupying  the 
position  of  parent,  protector,  or  guardian,  in  fact  or  in 
reality,  by  blood  or  marriage,  not  more  remote  than  first 
cousin  to  such  minor,  shall  feel  aggrieved  by  such  com- 
mitment to  such  institution  when  such  commitment  has 
been  made  under  section  twenty  of  this  act,  he  may  make 
written   application    to    the   board   of   trustees   of   the   insti- 


68^  APPENDIX. 

tution  for  the  ciistliai  ge  of  such  minor,  which  application 
shall  be  filed  with  the  superintendent,  who  shall  inform 
the  trustees  thereof,  and  the  same  shall  be  heard-  and 
determined  by  such  trustees  at  such  time  and  place  as 
they  shall  appoint  for  that  piirpose,  not  later  than  the  next 
regular  meeting  of  the  board.  Such  application  shall  state 
the  grounds  of  the  applicant 's  claim  to  the  custody  of  the 
minor,  and  the  reasons  for  claiming  such  custody.  Within 
ten  days  after  the  hearing  said  application,  the  trustees 
shall  make  and  announce  their  opinion  thereon,  and  if  they 
shall  be  of  the  opinion  that  the  welfare  of  such  minor  would 
be  promoted  by  granting  the  application,  they  shall  make 
an  order  to  that  effect;  otherwise,  they  shall  deny  the  ap- 
plication. The  applicant  may,  upon  the  denial  of  his  ap- 
plication, by  first  giving  security  for  the  payment  of  all 
costs  (the  security  to  be  approved  by  the  clerk  of  the  proper 
court)  commence  an  action  in  the  superior  court  of  the 
county  in  which  the  institution  may  be  situated,-  for  the 
recovery  of  the  custody  of  such  minor,  against  the  trustees 
of  such  institution.  The  complaint  in  said  action  shall  state 
the  fact  and  manner  of  the  minor's  commitment  to  the 
said  institution,  the  making  of  the  applicant 's  application 
to  the  trustees  for  the  custody  of  such  minor,  and  the  over- 
ruling of  such  application  by  such  trustees,  as  well  as  the 
ground  upon  which  the  applicant  relies  for  the  recovery  of 
the  custody  of  such  minor.  Said  action  shall  be  prosecuted 
in  like  manner  as  other  civil  actions,  and  the  cost  thereof 
shall  be  paid  by  the  applicant  without  reference  to  the 
result  of  the  action,  unless  the  court  shall  state  in  the  judg- 
ment that  the  refusal  of  the  trustees  to  grant  the  application 
of  the  applicant  was  plainly  unreasonable,  or  that  the  orig- 
inal commitment  was  manifestly  improper  and  unnecessary. 
[Amendment,  approved  March  23,  1893.  Stats.  1893,  p.  334. 
In  effect  immediately.] 

Sec.  28.  It  shall  be  the  duty  of  the  sheriff  of  any  county 
wherein  an  order  is  made  or  approved  by  a  superior  judge 
committing  any  minor  to  said  school,  to  execute  any  and 
all  writs  of  commitment  issued  or  approved  by  said  judge, 
and   to   receive   as   compensation   therefor   such   fees   as  are 


SCHOOL,    OF    REFORM.  686 

now  or  may  hereafter  be  provided  by  law  for  the  trans- 
portation of  prisoners  to  the  state  prison;  provided,  that 
in  all  cases  where  the  commitment  shall  be  made  under 
section  twenty  of  this  act,  the  parent,  guardian,  or  other 
protector  of  such  minor  may,  at  his  option,  and  in  all  cases 
where  he  is  liable,  or  where  the  estate  of  such  minor  is  suf- 
ficient, execute  said  writ  of  commitment,  after  having  been 
duly  sworn  therefor,  with  like  powers  and  with  like  effect 
as  the  sheriff  would  possess  in  such  case,  but  without  ex- 
pense to  the  said  state;  and  further  provided,  that  in  the 
case  of  minor  females  committed  to  said  school,  and  there 
is  no  parent,  guardian,  or  other  protector  of  such  minor, 
who,  in  the  opinion  of  the  court,  is  a  proper  person  to  safely 
conduct  such  female  to  said  school,  that  then,  in  such  case, 
the  court  shall  appoint  some  suitable  woman  of  satisfactory 
character  and  discretion,  who  shall  take  the  custody  of  such 
minor  female  after  her  said  commitment,  and  shall  forth- 
with deliver  her  to  said  school,  and  be  entitled  to  the  same 
compensation  therefor  as  is  otherwise  provided  to  be  paid 
to  the  sheriff  in  all  cases  where,  if  such  minor  were  a  boy 
and  were  by  a  sheriff  delivered  to  said  school,  he,  the  said 
sheriff,  would  be  entitled  to  receive  compensation,  under  the 
terms  of  this  act.  [Amendment,  approved  March  23,  1893. 
Stats.  1893,  -^.  335.     In  effect  immediately.] 

Sec.  29.  In  all  cases  where  an  infant  has  been  committed 
to  said  school  for  any  of  the  causes  mentioned  in  section 
twenty  of  this  act,  and  such  minor,  at  the  time  of  his  com- 
mitment or  afterwards,  and  during  his  term  of  confinement 
at  said  school,  succeeds  to  any  estate  which  is  of  sufficient 
value  to  cover  his  expenses  to  and  from  and  while  at  said 
school,  the  same  shall  become  subject  to  such  expense;  and 
the  said  superior  court  shall,  by  a  proper  order  therein  en- 
tered,- cause  the  parent  or  guardian  to  sell  so  much  of  said 
minor's  estate  (there  not  being  sufficient  money)  to  pay 
such  expenses.  In  each  case  the  proceedings  thereon  shall 
be  similar  to  those  required  of  guardians  in  ordinary  sales 
of  the  property  of  wards.  When  any  money  is  realized  by 
virtue  of  any  such  sales,  the  court,  by  proper  order,  shall 
cause   the  same,  or   a  sufficient   amount  thereof,  to  be   paid 


CS6  APPENDIX. 

to  the  trustees  of  such  institution;  or.  in  case  any  expense 
of  said  minor  has  been  borne  already  by  the  state  or  county, 
then  such  court  shall  order  said  county  and  state  to  be  fully 
reimbursed  for  said  expense,  by  causing  a  sufficient  amount 
therefor  to  be  placed  in  the  state  and  county  treasury. 
[Amendment,  approved  March  23,  1893.  Stats.  1893,  p.  336. 
In  effect  immediately.] 

Sec.  30.  The  said  board  of  trustees  shall  examine,  audit, 
and  allow  the  demands  arising  under  the  terms  of  the  afore- 
said act  and  the  amendments  thereto,  and  the  state  controller 
shall  thereupon  draw  his  warrants  therefor,  payable  out  of 
the  proper  fund,  and  the  state  treasurer  is  hereby  ordered  to 
pay  such  warrants. 

All  acts  or  parts  of  acts  in  conflict  with  this  act  are  here- 
by repealed.  [Amendment,  approved  March  23,  1893.  Stats. 
1893,  p.  336.     In  effect  immediately.] 

Sec.  31.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

An  act  relating  to  commitments  to  the  state  school  at 
"Whittier  and  to  the  Preston  school  of  industr}^;  fixing 
the  authority  to  examine  and  commit  to  such  schools 
with  the  superior  court  judges  of  the  counties,  and  fix- 
ing the  responsibilities  from  which  commitments  are 
made  to  the  state  for  maintenance  of  the  persons  com- 
mitted therefrom;  providing  for  the  manner  of  pay- 
ment thereof,  and  fixing  the  responsibility  of  the  par- 
ents to  the  counties  from  which  their  children  are  com- 
mitted. 

[Approved  March  26,  1895.    Stats.  1895,  122.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  The  superior  judge  of  any  county,  and  no 
other  judicial  officer,  shall  have  power  to  examine,  dis- 
charge, or  commit  any  offender  either  to  the  Whittier 
state  school  or  to  the  Preston  school  of  industry;   provided, 


SCHOOL,    OF    REFORM.  657 

that  the  superior  judge  shall  determine  whether  or  not  the 
parent  or  guardian  of  any  minor  committed  to  the  Whittier 
state  school  or  to  the  Preston  school  of  industry  is  able  to 
pay  to  the  county  in  which  the  commitment  is  made  for  the 
maintenance  of  such  minor  during  the  term  of  such  com- 
mitment; and  when  the  superior  judge  shall  determine  that 
said  parent  or  guardian  has  the  ability  to  pay  as  aforesaid 
for  the  maintenance  of  such  minor  during  the  term  of  such 
confinement,  the  parent  or  parents  or  guardian  shall  pay  into 
the  treasury  of  such  county  the  sum  of  eleven  dollars  per 
month  in  advance;  and  in  case  of  the  failure  to  pay  the  same 
as  herein  provided,  it  shall  be  the  duty  of  the  district  attor- 
ney of  such  county  to  proceed  to  collect  the  amount  from 
such  parent,  parents,  or  guardian  in  the  manner  that  other 
indebtedness  against   the  county  is  collected. 

Sec.  2.  For  each  and  every  person  hereafter  committed 
to  either  the  Whitter  state  school  or  the  Preston  school  of 
industry,  the  county  from  which  the  commitment  is  made 
shall  pay  into  the  state  treasury  the  sum  of  one  hundred 
and  thirty-two  dollars  per  annum,  and  at  that  rate  for  each 
fraction  of  a  year. 

Sec.  3.  It  is  hereby  made  the  duty  of  the  clerk  of  the 
superior  court  of  the  county  from  which  such  commitment 
is  made,  to  certify  to  the  county  auditor  the  name,  age, 
and  date  of  commitment  of  each  person  committed  by  the 
superior  judge  thereof,  and  the  amount  due  to  the  state 
from  the  county  by  reason  of  such  commitments,  and  before 
the  first  day  of  May  and  December  of  each  and  every  year 
to  file  with  the  treasurer  of  the  county  a  statement  of  the 
number  of  commitments,  with  the  date  thereof,  and  the 
amount  due  from  the  county  by  reason  of  such  commitments, 
to  the  state  treasurer;  and  it  is  further  made  the  duty  of 
the  county  treasurer,  during  the  settlement  or  at  the  time 
of  the  settlement  with  the  state  during  the  month  of  May 
and  December  of  each  year,  to  pay  to  the  state  treasurer, 
through  the  state  controller,  the  amount  so  found  to  be  due 


688  APPENDIX. 

to  the  state  by  reason  of  commitments  to  the  state  schools 
as  herein  provided. 

Sec.  4.  The  superintendent  of  the  state  school  at  Whit- 
tier  and  the  Preston  school  of  industry  are  hereby  required 
to  transmit  to  the  state  treasurer  a  statement  of  all  com- 
mitments to  their  respective  institutions,  showing  the  name 
of  the  person  committed,  the  date  of  the  commitment,  and 
the  county  from  which  the  commitment  is  made,  and  the 
amount  due  to  the  state  from  the  county  by  reason  of  such 
commitments;  said  statement  to  be  made  quarterly,  as  fol- 
lows: On  or  before  the  first  day  of  January,  the  first  day  of 
April,  the  first  day  of  July,  and  the  first  day  of  October 
of  each  year;  and  it  is  hereby  made  the  duty  of  the  con- 
troller of  state  to  add  the  amounts  due  to  the  state  from 
said  counties  such  sum  as  may  be  shown  to  be  due  by 
reason  of  commitments  to  such  schools,  as  in  section  two 
of  this  act  provided. 

Sec.  5.  All  acts  and  parts  of  acts  in  conflict  herewith 
are  hereby  repealed. 

Sec.  6.     This  act  shall  take  effect  immediately. 

An  act  to  prevent  evil-disposed  persons  from  coming  upon 
the  grounds  of  the  Whittier  state  school  at  Whittier, 
California,  or  the  Preston  school  of  industry  at  lone. 

[Approved  March  26,  1895.     Stats.  1895,  92.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  Any  person  who  shall  come  upon  the  grounds 
of  the  Whittier  state  school  at  Whittier,  or  Preston  school 
of  industry  at  lone,  or  any  of  the  grounds  adjacent  there- 
unto where  inmates  are  employed,  and  leave  or  deposit 
where  inmates  may  have  access  thereunto,  any  guns,  pistols, 
knives,  or  other  deadly  weapons,  or  any  explosive  of  any 
kind  whatsoever,   shall  be   guilty   of  felony,   and  upon   con- 


SCHOOL,    OF    REFORM.  689 

vietion  thereof  shall  be  punished  by  imprisonment  in  the 
state  prison  for  a  term  of  not  to  exceed  three  years. 

Sec.  2.  Any  person  who  shall  come  upon  the  grounds 
of  the  Whittier  state  school  at  Whittier,  or  Preston  school 
of  industry  at  lone,  or  any  of  the  grounds  adjacent  thereto 
where  inmates  are  employed,  and  leave  or  deposit  where 
inmates  may  have  access  thereto,  any  whisky,  cigars, 
cigarettes,  tobacco,  or  any  other  narcotic  or  stimulant,  or 
who  shall  furnish  to  any  of  the  inmates  of  said  school  any 
of  the  above-named  articles,  shall  be  guilty  of  a  misdemeanor. 

Sec.  3.  Any  person  having  been  previously  convicted  of 
a  felony,  and  who  has  been  confined  in  either  of  the  state 
prisons  of  this  state,  who  shall  come  upon  the  grounds  of 
the  Whittier  state  school,  or  Preston  school  of  industry  at 
lone,  or  communicate,  or  attempt  to  communicate,  with  any 
of  the  inmates  of  said  institution  without  the  consent  of 
the  superintendents,  or  other  officers  in  charge  of  said  schools, 
shall  be  guilty  of  a  felony,  and  upon  conviction  thereof  shall 
be  punished  by  confinement  in  either  of  the  state  prisons 
of  this  state  for  not  more  than  three  years. 

Sec.  4.  Any  tramp,  vagrant,  or  person  who  is  a  known 
associate  of  thieves,  who  shall  come  upon  the  grounds  of 
the  Whittier  state  school  or  Preston  school  of  industry  at 
lone,  or  grounds  adjacent  thereto,  and  communicate  with 
'any  of  the  inmates  of  said  schools,  without  the  consent  of 
the  superintendents  thereof,  or  who  shall  visit  or  com- 
municate with  any  paroled  pupil  of  said  school  with  a  view 
to  induce  him  to  violate  the  conditions  of  his  parole,  or 
who  shall  induce,  by  threats,  intimidation,  or  persuasion, 
such  paroled  pUpil  to  leave  the  guardian  under  whom  he 
has  been  placed  by  the  superintendents  of  the  Whittier 
state  school,  or  Preston  school  of  lone,  shall  be  guilty  of  a 
misdemeanor. 

Sec.  5.  Any  person  who  shall  deliver,  or  agree  to  de- 
liver, any  literature,  letters,  or  any  reading  matter  what- 
soever to   any  of   the   pupils   of   the   Whittier   state   school, 

Pen.  Code— 44 


690  APPENDIX. 

or  Preston  school  of  industry  at  lone,  without  the  same 
passing  through  the  hands  of  the  superintendents  of  said 
schools,  or  other  officer  designated  by  him  for  the  purpose 
of  receiving  and  examining  such  literature,  letters,  or  read- 
ing matter,  shall  be  guilty  of  a  misdemeanor. 
This  act  shall  take  effect  immediately. 

An  act  to  provide  for  the  improvement  of  the  reform  school 
at  "Whittier,  California,  for  juvenile  offenders,  and  make 
an  appropriation  for  the  same. 

[Approved  April  6,  1891.     Stats.  1901,  484.] 

The  act  appropriated  $120,400  for  the  purpose  specified. 

An  act  to  provide  for  additional  improvements  at  the  reform 
school  for  juvenile  offenders,  located  at  Whittier,  in  the 
county  of  Los  Angeles,  and  state  of  California,  and  to 
make  an  appropriation  for  the  same. 

[Approved  March  23,  1893.    Stats.  1893,  296.] 

The   act   approjmated   $100,000   for   the   purpose   specified. 


SEDUCTION. 

An  act  to  punish  seduction. 

[Approved  March  1,  1872.     Stats.  1871-2,  p.  184.] 

Section  1.  Every  person  who  inveigles  or  entices  any 
unmarried  female,  of  previous  chaste  character,  under  the 
age  of  eighteen  years,  into  any  house  of  ill-fame,  or  of 
assignation,  or  elsewhere,  for  the  purpose  of  prostitution, 
and  every  person  who  aids  or  assists  in  such  abduction  for 
such  purpose,  and  every  person  who  by  any  false  pretenses, 
false  representation,  or  other  fraudulent  means,  procures 
any  female  to  have  illicit  carnal  connection  with  any  man, 
is  punishable  by  imprisonment  in  the  state  prison  not  ex- 
ceeding one  3^ear,  or  by  a  fine  not  exceeding  one  thousand 
dollars,  or  by  both. 


SHERIFFS— SHIPPING— STATE     PRISONS.  6'Jl 

SHERIFFS. 

An    act    to    allow    compensation    to    sheriffs   for      conveying 

prisoners  to  the  state  prisons,  and  insane  persons  to  the 

insane   asylums. 

[Approved    March    14,    1885.      Stats.    1885,      126.      Amended 

1889,  200.] 

Section  1.  There  shall  be  allowed  by  the  state  board  of 
examiners  to  the  sheriff*,  to  be  retained  by  him  for  his  own 
use  for  delivering  a  prisoner  to  either  of  the  state  prisons, 
actual  expenses  and  five  dollars  per  diem  for  the  time  nec- 
essarily consumed  in  delivering  such  prisoner.  [Amend- 
ment, approved  March  15,  1889.     Stats.  1889,  200.] 

Sec.  2.  There  shall  be  allowed  by  the  state  board  of 
examiners  to  the  sheriff,  to  be  retained  by  him  for  his  own 
use,  for  delivering  any  insane  person  to  either  of  the  in- 
sane asylums,  his  actual  expenses  and  the  same  per  diem 
as  is  allowed  in  section  one  of  this  act.  [Amendment,  ap- 
proved   March    15,    1889.     Stats.    1889,    200.] 

Sec.  3.  The  sheriff  shall  be  allowed  and  is  entitled  to 
receive  and  retain  for  his  own  use,  the  same  compensation 
and  expenses  for  all  like  services  mentioned  in  sections  one 
and  two  of  this  act,  rendered  by  him  since  the  fourteenth 
day  of  March,  1885.  [Amendment,  approved  March  15,  1889. 
Stats.  1889,  200.] 

Sec.  4.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage.  [Amendment,  approved  March  15, 
1889.     Stats.  1889,  200.] 


SHIPPING. 

See  Buoys  and  Beacons. 


STATE  PRISONS. 

An  act  to  regulate  and  govern  the  state  prisons  of  California. 

[Approved  March  19,  1889;   1889,  404.] 

Section  1.     The  state  prisons  of  this  state  shall  bo  known 

as   the    state   prison    at    San    Quentin,    which    shall    have    an 

23 


692  APPENDIX. 

official  staff  conforming  to  the  laws  of  the  state  in  relation 
to  state  prisons;  and  the  state  prison  at  Folsom,  which  shall 
have  a  similar  staff  and  be  similarly  organized,  and  all 
the  finances  and  accounts  of  the  two  prisons  shall  be  kept 
separate  and  apart  from  each  other. 

Sec.  2.  «For  the  government  and  management  of  the  Cali- 
fornia state  prisons,  there  shall  be  appointed  by  the  governor, 
by  and  under  the  advice  of  the  senate,  five  directors,  who 
shall  hold  their  office  for  the  term  of  ten  years,  from  and 
after  the  date  of  such  appointment;  such  appointments  to 
be  made  as  vacancies  occur  in  the  board  as  it  now  exists. 
In  ease  of  death  or  resignation  of  a  director,  his  successor 
shall  be  appointed  to  fill  the  unexpired  term  of  such  director 
by  the  governor,  by  and  with  the  advice  of  the  senate.  Each 
director  shall  subscribe  an  oath  of  office,  which  shall  be  in- 
dorsed on  his  commission,  within  ten  days  after  receiving 
written  notice  of  such  appointment,  and  a  duplicate  of  such 
oath  shall  also  be  filed  with  the  secretary  of  state. 

Sec.  3.  xA  the  first  meeting  of  the  board  of  directors  in 
the  year  eighteen  hundred  and  ninety,  and  annually  there- 
after, they  snail  elect  one  of  their  members  president  of  the 
board,  whose  duty  it  shall  be  to  preside  at  the  meeting  of  the 
board,  and  to  perform  such  other  duties  as  may,  from  time 
to  time,  be  prescribed  by  the  rules  and  regulations  for  the 
government  of  the  board. 

Sec.  4.  Three  members  of  the  board  shall  constitute  a 
quorum  for  the  transaction  of  all  business,  but  no  order  of 
the  board  shall  be  valid  unless  concurred  in  by  three  or 
more  members. 

Sec.  5.  It  shall  be  the  duty  of  the  directors  to  deter- 
mine the  necessary  officers  and  employees  of  the  prisons 
other  than  those  of  the  wardens  and  clerks,  specifying  their 
duties  several!}',  and  fixing  their  salaries;  to  prescribe  rules 
and  regulations  for  the  government  of  the  prisons,  and  to 
revise  and   change   the  same  from  time   to   time  as  circum- 


STATE   PRISONS.  HM:i 

stances  may  require,  and  to  board  and  lodge  the  officers  and 
employees,  or  allow  them  a  money  commutation  in  lieu 
thereof;  provided,  the  warden  may  make  temporary  rules, 
in  cases  of  emergency,  t&  remain  in  force  until  the  succeed- 
ing meeting  of  the  board.  At  least  three  of  the  directors 
shall  visit  the  prisons  once  in  each  month,  and  oftener  if 
necessary,  at  such  time  as  they  may  select.  The  directors 
shall  audit  all  claims  for  supplies,  services,  and  expenses  of 
officers  and  employees,  and  all  other  demands  against  the 
prison. 

Second — To  enter  or  cause  to  be  entered  on  the  journal 
by  the  clerks  all  official  acts  which  shall  be  signed  by  at 
least  three  members  of  the  board. 

Third — On  or  before  the  first  day  of  December  of  each 
year  to  report  to  the  governor  the  condition  of  the  prisons, 
together  with  detailed  statements  of  receipts  and  expendi- 
tures, and  such  suggestions  concerning  the  prisoners  as 
may  appear  to  be  necessary  and  expedient. 

Fourth — The  board  of  directors  shall  also  adopt  rules 
and  regulations  not  inconsistent  with  the  constitution  and 
the  laws  of  the  state  of  California  for  the  government  of 
the  board,  and  may  change  the  same  at  their  pleasure. 

Fifth — The  board  of  directors  shall  have  power  to  estab- 
lish an  office  in  San  Francisco,  and  employ  a  secretary. 

Sec.  6.  The  directors  shall  appoint  a  warden  for  each 
prison,  who  shall  take  and  subscribe  an  oath  or  affirma- 
tion faithfully  to  discharge  the  duties  of  his  office,  as  pre- 
scribed by  law,  and  by  the  rules  and  regulations  of  the 
board  of  directors,  and  to  enter  into  a  bond  to  the  state  of 
California,  in  the  sum  of  twenty-five  thousand  dollars,  with 
two  or  more  sufficient  sureties,  to  be  approved  by  the  direc- 
tors and  the  attorney-general  of  the  state,  conditioned  to  the 
faithful  performance  of  such  duties  as  such  officer  aforesaid, 
and  he  shall  hold  his  office  four  years  after  such  appoint- 
ment; the  first  appointments  after  the  adoption  of  this  act 
to  take  place  at  the  expiration  of  the   present  term  of  of- 


694  APPENDIX. 

fice  of  the  present  incumbents  thereof,  or  when  such  office 
becomes  vacant. 

Sec.  7.  The  wardens  shall  reside  at  the  state  prisons 
to  which  they  are  respectively  assigned,  in  houses  provided 
and  furnished  at  the  expense  of  the  state,  as  may  be  or- 
dered by  the  board  of  directors,  and  it  shall  be  their  duty — 

First — To  fill  all  subordinate  positions  that  may  be  created 
by  order  of  the  board  of  directors  by  appointment  of  suit- 
able persons  thereto. 

Second — Under  the  order  and  direction  of  the  board  to 
prosecute  all  suits  at  law  or  in  equity  that  may  be  neces- 
sary to  protect  the  rights  of  the  state  in  matters  or  prop- 
erty connected  with  the  prisons  and  their  management,  such 
suits  to  be  prosecuted  in  the  name  of  the  board  of  state 
prison  directors. 

Third — To  supervise  the  government,  discipline,  and  police 
of  the  prisons,  and  to  enforce  all  orders  and  regulations  of 
the  board  in  respect  to  such  prisons.  A  registry  of  con- 
victs shall  be  kept  by  him,  and  in  which  shall  be  entered 
the  name  of  each  convict,  the  crime  of  which  he  is  con- 
victed, the  period  of  his  sentence,  from  what  county  sen- 
tenced, by  what  court  sentenced,  his  nativity,  to  what  de- 
gree educated,  at  what  institution  and  under  what  system, 
an  accurate  description  of  his  person,  and  whether  he  has 
been  previously  confined  in  a  state  prison  in  this  or  any 
other  state,  and  if  so,  when  and  how  he  was  discharged. 

Fourth — He  shall  report  to  the  governor,  before  the 
twentieth  of  each  month,  the  names  of  all  prisoners  whose 
terms  are  about  to  expire,  giving  in  such  report  the  terms 
of  their  sentences,  the  date  of  imprisonment,  the  amount  of 
total  credits  to  the  date  of  such  report,  and  the  date  when 
their  service  would  expire  by  limitation  of  sentence. 

Fifth — To  perform  such  other  duties  as  may  be  prescribed 
by  the  board  of  directors. 

Sec.  8.  The  board  of  directors  shall  appoint  a  clerk 
for  each  prison,  who  shall  take  an  oath  of  office,  and  enter 


STATE    PRISONS.  695 

into  a  bond  to  the  state,  with  sureties  satisfactory  to  the 
board,  in  the  sum  of  ten  thousand  dollars,  conditioned  that 
they  will  faithfully  discharge  the  duties  required  of  them. 
The  clerks  shall  hold  their  office  for  the  period  of  four 
years  after  such  appointments;  the  first  appointments  after 
the  adoption  of  this  act  to  take  place  at  the  expiration  of 
the  present  term  of  office  of  the  present  incumbents  thereof, 
or  when  such  office  becomes  vacant. 

Sec.  9.  The  clerks  shall  keep  the  accounts  of  the  prisons 
to  which  they  are  severally  appointed  in  such,  manner  as 
to  exhibit  clearly  all  its  financial  transactions;  and  the 
clerks  shall  perform  such  other  duties  as  may  from  time  to 
time  be  required  of  them  by  the  board  of  directors. 

Sec.  10.  No  person  shall  be  appointed  to  any  office  by 
the  wardens,  or  be  employed  in  the  prisons  on  behalf  of  the 
state,  who  is  a  contractor  or  agent,  or  who  is  interested, 
directly  or  indirectly,  in  any  business  carried  on  therein; 
and  no  male  person  who  is  not  a  qualified  elector  of  the 
state  of  California  shall  be  appointed  by  the  wardens  to 
any  office  in  or  about  the  prisons,  nor  shall  any  be  appointed 
or  employed^by  virtue  of  this  act  who  is  in  the  habit  of  in- 
temperate use  of  liquors,  and  a  single  act  of  intemperance 
shall  justify  his  discharge  or  removal,  and  it  shall  be  the 
duty  of  such  warden  to  discharge  such  person. 

Sec.  11.  Wardens  and  clerks  may  be  removed  by  the  board 
of  directors  at  any  time  for  misconduct,  incompetency,  or 
neglect  of  duty;  and  all  other  officers  and  employees,  may 
be  removed  at  any  time,  at  the  pleasure  of  the  wardens. 

Sec.  12.  The  Vardens  shall  receive  a  salary  of  not  less 
than  twenty-four  hundred  dollars,  and  not  to  exceed  three 
thousand  dollars,  per  annum,  in  the  discretion  of  the  board 
of  directors. 

Sec.  13.  The  clerks  shall  receive  a  salary  not  to  exceed 
eighteen  hundred  dollars  per  annum,  and  all  other  officers 
and  employees  shall  receive  such  compensation  as  the  di- 
rectors may  deem  just  and  equitable  in  eacli  case. 


6P6  APPENDIX. 

Sec.  14.  The  board  of  directors  are  hereby  authorized 
aud  required  to  contract  for  provisions,  clothing,  medicines, 
forage,  fuel,  and  all  other  staple  supplies,  needed  for  the 
support  of  the  prisons  for  any  period  of  time,  not  exceeding 
one  year,  and  such  contracts  shall  be  limited  to  bona  fide 
dealers  in  the  several  classes  of  articles  contracted  for. 
Contracts  for  such  articles  as  the  board  may  desire  to  con- 
tract for  shall  be  given  to  the  lowest  bidder,  at  a  public 
letting  thereof,  if  the  price  bid  is  a  fair  and  reasonable  one, 
and  not  greater  than  the  usual  market  value  and  prices. 
Each  bid  shall  be  accompanied  by  such  security  as  the 
board  may  require,  conditional  upon  the  bidder  entering  into 
a  contract  upon  the  terms  of  his  bid,  on  notice  of  the  ac- 
ceptance thereof,  and  furnishing  a  penal  bond,  with  good  and 
sufficient  sureties,  in  such  sum  as  the  board  may  require,  and 
to  their  satisfaction,  that  he  will  faithfully  perform  his 
contract.  If  the  proper  officer  of  the  prison  reject  any  arti- 
cle as  not  compljdng  with  the  contract,  or  if  a  bidder  fail 
to  furnish  the  articles  awarded  to  him  when  required,  the 
proper  officer  of  the  prison  may  buy  other  articles  of  the 
kind  rejected  or  called  for,  in  the  open  market,  and  deduct 
the  price  thereof,  over  the  contract  price,  from  the  amount 
due  to  the  bidder,  or  charge  the  same  up  against  him. 
Notice  of  the  time,  place,  and  conditions  of»  the  letting 
of  contracts  shall  be  given  for  at  lea^t  two  consecutive 
weeks  in  two  newspapers  printed  and  published  in  the  city 
and  county  of  San  Francisco,  and  in  one  newspaper  printed 
and  published  in  the  city  of  Sacramento,  and  in  the  county 
where  the  prison  to  be  supplied  is  situated.  If  all  the  bids 
made  at  such  letting  are  deemed  unreasonably  high,  the 
board  may,  in  their  discretion,  decline  to  contract,  and  may 
again  advertise,  for  such  time  and  in  such  papers  as  they 
see  proper,  for  proposals,  and  may  so  continue  to  renew  the 
advertisement  until  satisfactory  contracts  are  made;  and  in 
the  mean  time  the  board  may  contract  with  any  one  whose 
offer  is  regarded  as  just  and  equitable,  or  may  purchase  in 
the  open  market.  No  bid  shall  be  accepted,  nor  a  contract 
entered  into  in  pursuance  thereof,  when  such  bid  is  higher 
than  any  other  bid  at  the  same  letting  for  the  same  class 
or  schedule  of  articles,  quality  considered,  and  when  a  con- 
tract can  be  had  at  sucli  lower  bid.  When  two  or  more  bids 
for  the  same  article  or  articles  are  equal  in  amount,  the  board 


J  STATE   PRISONS.  697 

may  select  the  one  which,  all  things  considered,  may  by  them 
be  thought  best  for  the  interest  of  the  state,  or  they  may 
divide  the  contract  between  the  bidders,  as  in  their  judg- 
ment may  seem  proper  and  right.  The  board  shall  have 
power  to  let  a  contract  in  the  aggregate,  or  they  may  segre- 
gate the  items,  and  enter  into  a  contract  with  the  bidder 
or  bidders  who  may  bid  lowest  on  the  several  articles.  The 
board  shall  have  the  power  to  reject  the  bid  of  any  person 
who  had  a  prior  contract,  and  who  had  not,  in  the  opinion 
of  the  board,  faithfully  complied  therewith. 

Sec.  15.  All  moneys  received  or  collected  by  the  warden 
of  San  Quentin  prison  shall  be  reported  to  the  state  controller 
on  the  first  day  of  each  and  every  month  in  such  form  as  the 
controller  may  require,  and  at  the  same  time  shall  be  paid 
into  the  general  fund  of  the  state  treasury  on  the  order  of 
the  controller,  except  so  much  thereof  as  shall  be  necessary 
to  be  paid  into  the  jute  revolving  fund,  as  required  by  the 
provisions  of  an  act  of  the  legislature  approved  March  9th, 
1885,  and  amended  March  16th,  1889.  All  moneys  received 
or  collected  by  the  warden  of  Folsom  prison  shall  be  reported 
to  the  state  controller  on  the  first  day  of  each  and  every 
month  in  such  form  as  the  controller  may  require,  and  at  the 
same  time  shall  be  paid  into  the  state  treasury  to  the  credit 
of  the  Folsom  state  prison  fund,  excepting  so  much  thereof 
as  may  be  necessary  to  pay  the  expenses  and  money  allowed 
discharged  prisoners  under  the  provisions  of.  this  act.  The 
warden  shall  require  vouchers  for  all  moneys  by  them  ex- 
pended and  safely  keep  the  same  on  file  in  their  respective 
offices  at  the  prisons.  For  all  sums  of  money  required  to 
be  paid  other  than  for  the  uses  above  named,  as  well  as 
for  said  use  when  there  is  not  sufficient  money  in  the  hands 
of  the  warden,  drafts  Shall  be  drawn  on  the  controller  of 
state,  signed  by  at  least  three  of  the  directors,  and  the 
controller  of  state  shall  draw  his  warrant  on  the  state  treas- 
urer, who  shall  pay  the  same  out  of  any  moneys  belonging 
to  the  state  prison  fund,  or  appropriated  for  the  use  or  sup- 
jjort  of  the  state  prisons.  The  amount  of  all  money  retained 
by  the  wardens  and  the  aggregate  amount  i)aid  out  shall  bo 
reported  quarterly  to  the  controller  of  state,  and  the  proper 
entries  shall  be  made  on  the  controllers  books.  Am'd.  1905, 
p.  724. 


698  APPENDIX. 

Sec.  16.  All  revenues  of  the  prisons,  unless  herein  other- 
wise provided,  shall  be  paid  to  the  wardens,  who  alone  are 
authorized  to  receipt  for  the  same  and  discharge  from  lia- 
bility. When  any  sum  of  money  is  paid  to  the  wardens,  they 
shall  cause  the  same  to  be  properly  entered  on  the  books 
by  the  clerks. 

Sec.  17.  On  payment  of  any  moneys  into  the  state  treas- 
ury, as  provided  in  this  act,  the  wardens  and  state  treasurer 
shall  report  to  the  controller  of  state  the  amount  so  paid, 
and  the  state  treasurer  shall  give  the  wardens  a  receipt 
therefor,  which  receipt  shall  be  filed  with  the  controller. 
The  wardens  shall  report  to  the  controller  of  state  the 
amount  of  money  paid  into  said  treasury  by  them  during 
each  month,  and  shall  also  report  to  said  controller  of  state 
the  amounts  received  and  disbursed  by  them  every  three 
months,  and  during  the  period  for  which  such  report  shall 
be  made,  which  quarterly  report  shall  be  signed  by  the  war- 
den and  at  least  three  of  the  directors. 

Sec.  18.  All  convicts  may  be  employed  by  authority 
of  the  board  of  directors,  under  charge  of  the  wardens 
respectively,  and  such  skilled  foremen  as  he  may  deem 
necessary  in  the  performance  of  work  for  the  state,  or  in 
the  manufacture  of  any  article  or  articles  for  the  state,  or 
the  manufacture  of  which  is  sanctioned  by  law.  At  San 
Quentin  no  articles  shall  be  manufactured  for  sale  ex- 
cept jute  fabrics.  At  Folsom  after  the  completion  of  the 
dam  and  canal  the  board  may  commence  the  erection  of 
structures  for  jute  manufacturing  purposes.  The  board 
of  directors  are  hereby  authorized  to  purchase  from  time 
to  time  such  tools,  machinery,  and  materials,  and  to 
direct  the  employment  of  such  skilled  formen  as  may 
be  necessary  to  carry  out  the  provisions  of  this  section,  and 
to  dispose  of  the  articles  manufactured,  and  not  needed  by 
the  state,  for  cash,  at  private  sale,  in  such  manner  as  pro- 
vided by  law. 


STATE    PRISONS.  B»J 

Sec.  19.  In  the  treatment  of  the  prisoners,  the  follow- 
ing general  rules  shall  be  observed:  Each  convict  shall 
be  provided  with  a  bed  of  straw,  or  other  suitable  material, 
and  sufficient  covering  of  blankets,  and  shall  be  supplied 
with  garments  of  coarse  substantial  material,  of  distinctive 
manufacture,  and  with  sufficient  plain  and  wholesome  food 
of  such  variety  as  may  be  conducive  to   good  health. 

Second — No  punishment  shall  be  inflicted  except  by  the 
order  and  under  the  direction  of  the  wardens. 

Third — The  warden  shall  keep  a  correct  account  of  all 
money  and  valuables  upon  the  prisoner  when  delivered  at 
the  prison,  and  shall  pay  the  amount,  or  the  proceeds  thereof, 
or  return  the  same  to  the  convict  when  discharged,  or  to  his 
legal  representative  in  case  of  his  death;  and  in  the  case 
of  the  death  of  such  convict  without  being  released,  if  no 
legal  representative  shall  demand  such  property  within  five 
years,  the  same  shall  be  paid  into  the  state  prison  fund. 

Fourth — The  rules  and  regulations  prescribing  the  duties 
and  obligations  of  the  prisoners  shall  be  printed  and  hung 
up  in  each  cell  and  shop. 

Fifth — Each  convict,  when  he  leaves  the  prison,  shall  be 
supplied  with  the  money  taken  from  him  when  he  entered, 
and  which  he  has  not  disposed  of,  together  with  any  sum 
which  may  have  been  earned  by  him  for  his  own  account,  al- 
lowed to  him  by  the  state  for  good  conduct  or  diligent  labor, 
or  may  have  been  presented  to  him  from  any  source;  and, 
in  case  the  prisoner  has  not  funds  sufficient  for  present  pur- 
poses, he  shall  be  furnished  with  five  dollars  in  money,  a 
suit  of  clothes  costing  not  more  than  ten  dollars,  and  by  the 
cheapest  route  to  the  place  where  sentenced  from,  if  the 
prisoner  desires  to  return  there,  or  to  any  other  place  of  tho 
same  cost;  and  he  shall  be  entitled,  if  he  so  elect,  to  im- 
munity from  having  his  hair  cut,  or  from  being  shaved,  fir 
three  calendar  months  immediately  prior  to  his  discharge. 
It  shall  not  be  lawful  for  the  officers  of  the  prison  to  fiii- 
nish,  or  permit  to  be  furnished,  to  any  one,  for  publicatiin, 


700  APPENDIX. 

the  name  of  any  prisoner  about  to  be  discharged.,  "When  th3 
warden,  and  such  other  officers  as  may  be  designated  by  the 
directors  to  act  with  him  in  such  eases,  shall  be  of  opinion 
that  any  convict  is  insane,  they  shall  make  proper  examina- 
tion, and  if  they  remain  of  the  opinion  that  such  person  is 
insane,  the  warden  shall  certify  the  fact  to  the  superin- 
tendent of  one  of  the  state  asylums  for  the  insane,  and  shall 
forthwith  send  such  convict  to  said  asylum  for  care  and 
treatment.  If  at  the  expiration  of  the  term  of  sentence,  tne 
insane  convict  is  still  in  the  insane  asylum,  he  shall  be  al- 
lowed to  remain  there  until  discharged  cured.  It  shall  be 
the  duty  of  the  warden,  also,  to  send  to  the  directors  a  copy 
of  such  certificate,  and  thereafter  a  statement  as  to  his  sub- 
sequent acts  regarding  the  said  insane  convict.  And  it  shall 
be  the  duty  of  the  superintendent  of  the  insane  asylum  to 
receive  such  insane  convict  and  keep  him  until  cured.  It 
shall  be  his  duty,  upon  receipt  of  such  insane  convict,  to 
notify  the  directors  of  the  fact,  giving  name,  date,  and 
where  from,  and  from  whose  hands  received.  When,  in  the 
opinion  of  the  superintendent,  such  insane  convict  is  cured 
of  insanity,  it  shall  be  his  duty  to  immediately  notify  the 
directors  thereof;  and  it  shall  be  his  duty  also  to  notify  the 
warden  of  the  prison  from  whence  he  was  received,  who  shall 
immediately  send  for,  take,  and  receive  the  said  convict 
back  into  the  prison,  the  time  passed  at  the  asylum  counting 
as  a  part  of  such  convict's  sentence.  Before  discharging 
any  convict  who  may  be  insane  at  the  time  of  the  expira- 
tion of  his  sentence,  the  warden  shall  first  give  notice,  in 
writing,  to  a  judge  of  a  superior  court  of  the  county  in 
which  the  state  prison  may  be  located,  over  which  he  has 
control,  of  the  fact  of  such  insanity;  whereupon  said  court 
shall  forthwith  make  an  order,  and  deliver  the  same  to  the 
sheriff  of  said  count}',  commanding  him  to  remove  such  in- 
sane convict  and  take  him  before  said  court.     Upon  the  re- 


STATE    PRISONS.  701 

ceipt  of  such  an  order,  it  shall  be  the  duty  of  said  sheriff, 
to  whom  it  is  directed,  to  execute  and  return  the  same  forth- 
with to  the  court  by  whom  it  was  issued,  and  thereupon  the 
said  court  shall  cause  proper  examination  to  be  made  by 
medical  experts,  and  if  it  shall  satisfactorily  appear  that 
such  convict  is  insane,  said  court  shall  order  him  to  be 
confined  in  one  of  the  insane  asylums.  The  sheriff  shall  re- 
ceive the  same  compensation  as  for  transferring  a  prisoner 
to  the  state  prison,  and  to  be-  paid  in  the  same  manner.  If 
any  judge,  after  having  been  notified  by  the  warden,  shall 
neglect  to  cause  such  order  to  be  made,  as  herein  provided, 
or  any  such  sheriff  shall  neglect  to  remove  such  insane  con- 
vict, as  required  by  the  provisions  of  this  section,  it  shall 
be  the  duty  of  the  warden  to  cause  such  insane  convict  to 
be  removed  before  a  superior  court  of  a  county  in  which  the 
state  prison  is  located,  in  charge  of  an  officer  of  the  prison, 
or  other  suitable  person,  for  the  purpose  of  examination;  and 
the  cost  of  such  removal  shall  be  paid  out  of  the  state  treas- 
ury, in  the  same  manner  as  when  removed  by  the  sheriff, 
as  herein  provided. 

Sec.  20.  The  state  board  of  prison  directors  shall  require 
of  every  able-bodied  convict  confined  in  a  state  prison  as 
many  hours  of  faithful  labor  in  each  and  every  day  during 
his  term  of  imprisonment  as  shall  be  prescribed  by  the  rules 
and  regulations  of  the  prison.  Every  convict  who  shall 
have  no  infraction  of  the  rules  and  regulations  of  the  prison 
or  laws  of  the  state  recorded  against  him,  and  who  performs 
in  a  faithful,  orderly,  and  peaceable  manner  the  duties  as- 
signed to  him,  shall  be  allowed  from  his  term,  instead  and- 
in  lieu  of  the  credits  heretofore  allowed  by  law,  a  deduc- 
tion of  two  months  in  each  of  the  first  two  years,  four 
months  in  each  of  the  next  two  years,  and  five  months  in  each 
of  the  remaining  years  of  said  term,  and  pro  rata  for  any 


APPENDIX. 


part  of  a  year,  where  the  sentence  is  for  or  more  or  less  than 
a  year.     The  mode  of  reckoning  credits  shall  be  as  shown  in 

the  following  table: 


No.  of  years 
of  Sentence. 


Goo-J 

Time 

nranted. 


Total  Good  Time 
Made. 


Time  to  be  Served  it 
Full  Time  is  Made. 


First     year 

Second     year. 

Third    year 

Fourth  year. 
Fifth  year... 
Sixth  year... 
Seventh  year 
Eighth  year.. 
Ninth  year... 
Tenth    year... 


2  months 
2  months 
4  months 

4  months 
.5  months 

5  months 
5  months 
."i  months 
.'>  months 
5  months 


2  months 

4  months 

5  months 

1  year 

1  year  and  .")  months.. 

1  year  and  10  months. 

2  years  and  3  months.. 

2  years  and  S  months.. 

3  years  and  1  month.. 
3  years  and  6  months.. 


10  months 

1  year  and  S  months 

2  years  and  4  months 
3  years 

3  years  and  7  months 

4  years  and  2  months 
4  years  and  9  months 
.5  years  and  4  months 

3  years  and  11  months 
6  years  and  a   months 


—^ 

And  so  on,  through  as  many  years  as  may  be  the  term 
of  the  sentence.  Each  convict  shall  be  held  entitled  to 
these  deductions,  unless  the  board  of  directors  shall  find 
that  for  misconduct  or  other  cause  he  should  not  receive 
them.  But  if  any  convict  shall  commit  any  assault  upon  his 
keeper,  or  any  foreman,  officer,  convict,  or  person,  or  other- 
wise endanger  life,  or  shall  be  guilty  of  any  flagrant  disre- 
gard of  the  rules  of  the  prison,  or  commit  any  misdemeanor, 
or  in  any  manner  violate  any  of  the  rules  and  regulations 
of  the  prison,  he  shall  forfeit  all  deductions  of  time  earned 
by  him  for  good  conduct  before  the  commission  of  such 
offense,  or  that,  under  this  section,  he  may  earn  in  the 
future,  or  shall  forfeit  such  part  of  such  deductions  as  to 
the  board  of  directors  may  seem  just;  such  forfeiture,  how- 
ever, shall  be  made  only  by  the  board  of  directors  after  due 
proof  of  the  offense  and  notice  to  the  offender;  nor  shall 
any  forfeiture  be  imposed  when  a  party  has  violated  any 
rule  or  rules  without  violence  or  evil  intent,  of  which  the 
directors  shall  be  the  sole  judges.  The  board  shall  have 
power  to  restore  credits  forfeited,  for  such  reasons  as  by 
them  may  seem  proper. 


STATE    PRISONS.  70:i 

Sec.  21.  All  criminals  sentenced  to  the  state  prisons  by 
the  authority  of  the  United  States  shall  be  received  and  kept 
according  to  the  sentence  of  the  court  by  which  they  were 
tried,  and  the  prisoners  so  confined  shall  be  subject  in  all 
respects  and  discipline  and  treatment  as  though  committed 
under  the  laws  of  this  state.  The  wardens  are  hereby  au- 
thorizec]  to  charge  and  receive  from  the  United  States,  for 
the  use  of  the  state,  an  amount  sufficient  for  the  support  of 
each  prisoner,  the  cost  of  all  clothing  that  may  be  furnished, 
and  one  dollar  per  month  for  the  use  of  the  prisoner.  No 
other  or  further  charge  shall  be  made  by  any  officer  for  or  on 
account  of  such  prisoners. 

Sec.  22.  The  board  of  directors  shall  have  power  to  con- 
tract for  the  supply  of  gas  and  water  for  said  (prisons), 
upon  such  terms  as  said  board  shall  deem  to  be  for  the 
best  interests  of  the  state,  or  to  manufacture  gas,  or  fur- 
nish water  themselves,  at  their  option.  They  shall  also  have 
power  to  erect  and  construct,  or  cause  to  be  erected  and 
constructed,  electrical  apparatus  or  other  illuminating  works 
in  their  discretion,  with  or  without  contracting  therefor,  on 
such  terms  as  they  may  deem  just.  The  board  shall  have 
full  powev  to  erect  any  building  or  structure  deemed  neces- 
sary by  them,  or  alter  or  improve  the  same,  and  to  pay  for 
the  same  from  the  fund  appropriated  for  the  use  or  support 
of  the  prisons,  or  from  the  earnings  thereof,  without  advertis- 
ing or  contracting  therefor;  provided,  that  no  building  or 
structure,  the  cost  of  which  will  exceed  five  thousand  dol- 
lars, shall  be  erected  or  constructed  without  first  obtaining 
the  consent  of  the  governor,  secretary,  and  treasurer  of  the 
state,  or  a  majority  thereof.  The  board  shall  have  power 
to  give  for  meritorious  service  to  any  convict  discharged, 
or  about  to  be  discharged,  a  sum  in  addition  to  that  already 
allowed  not  exceeding  ten   dollars. 

Sec.  23.  No  officer  or  employee  shall  receive,  directly 
or  indirectly,  any  compensation  for  his  services  other  than 
that   prescribed   by   the   directors;    nor   shall   be   receive   any 


704  APPENDIX. 

compensation  whatever,  directly  or  indirectly,  for  any  act 
or  service  which  he  may  do  or  perform  for  or  on  behalf  of 
any  contractor,  or  agent,  or  employee  of  a  contractor.  For 
any  violation  of  the  provisions  of  this  section,  the  officer, 
agent,  or  employee  of  the  state  shall  be  discharged  from  his 
office  or  service;  and  every  contractor,  or  employee,  or  agent 
of  a  contractor  engaged  therein,  shall  be  expelled  from  the 
prison  grounds,  and  not  again  permitted  within  the  same  as 
a  contractor,  agent,  or  employee. 

Sec.  24.  No  officer  or  employee  of  the  state,  or  contractor, 
or  employee  of  a  contractor,  shall,  without  permission  of 
the  board  of  directors,  make  any  gift  or  present  to  a  con- 
vict, or  receive  any  from  a  convict,  or  have  any  barter  or 
dealings  with  a  prisoner.  For  every  violation  of  the  pro- 
visions of  this  section,  the  party  engaged  therein  shall  in- 
cur the  same  penalty  as  prescribed  in  section  twenty-three. 

See.  25.  No  officer  or  employee  of  the  prison  shall  be  in- 
terested, directly  or  indirectly,  in  any  contract  or  purchase 
made  or  authorized  to  be  made  by  any  one  for  or  on  behalf 
[of]  the  prisons. 

Sec.  26.  There  shall  be  printed  annually  for  the  use  of 
the  prisons  five  hundred  copies  of  the  annual  report  of  the 
board  of  directors,  and  the  clerk  shall  annually  transmit  to 
each  of  the  state  prisons  in  the  United  States  one  copy  of 
such  report. 

Sec.  27.  All  the  bonds  of  officers  and  emploj'ees  under 
this  act  shall  be  deposited  with  the  secretary  of  state. 

Sec.  28.  If  any  of  the  shops  or  buildings  in  which  con- 
victs are  employed  are  destroyed  in  any  way,  or  injured 
by  fire  or  otherwise,  they  may  be  rebuilt  or  repaired  im- 
mediately, under  the  direction  of  the  board  of  directors, 
by  and  with  the  advice  and  consent  of  the  governor,  attor- 
ney-general, and  secretary  of  state,  and  the  expenses  thereof 
paid  out  of  any  funds  in  the  state  treasury  not  otherwise 
appropriated  by  law. 


STATE   PRISONS.  705 

See.  29.  The  board  of  directors  must  report  to  the  gov- 
ernor from  time  to  time  the  names  of  any  and  all  persons 
confined  in  the  state  prisons  who,  in  their  judgment,  ought 
to  be  pardoned  out  and  set  at  liberty  on  account  of  good 
conduct,  or  unusual  term  of  sentence,  or  any  other  cause 
which  in  their  opinion,  should  entitle  the  prisoner  to 
pardon. 

Sec.  30.  All  acts  and  parts  of  acts  inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed. 

Sec.   31.     This  act  shall  take  effect  immediately. 

The  original  of  this  act  to  regulate  and  govern  the  state 
prisons  of  California  can  be  found  in  Statutes  of  1880,  p. 
67    (Bancroft's    ed.,    p.    243). 

An  act   to   provide   for   the   erection  and  maintenance   of  a 

branch  state  prison  near  the  town  of  Folsom. 
[Approved  March  30,   1874;   1873-4,   785.     In  effect  immedi- 
ately.] 

(The  code  commisioners  say  of  this  act:  Superseded  by 
1889,  404,  ante.) 

Section  1.  The  governor,  lieutenant-governor,  and  sec- 
retary of  state,  the  board  of  state  prison  directors,  are 
hereby  authorized  and  empowered,  and  it  shall  be  their 
duty,  to  cause  to  be  commenced,  on  or  before  the  first  day 
of  October,  A.  D.  eighteen  hundred  and  seventy-four,  the 
building  of  a  branch  state  prisdn,  on  the  land  and  at  the 
site  conveyed  to  the  state  by  the  Natoma  Water  and  Min- 
ing Company,  situated  near  the  town  of  Folsom,  in  Sacra- 
mento County;  also,  to  commence  building  and  constructing 
an  exterior  wall,  inclosing  not  less  than  five  acres  of  laud, 
around  the  same. 

Sec.  2.  The  walls  of  the  entire  prison  structure  shall 
be  erected  with  stone  to  be  taken  from  the  granite  quar- 
ries situated  on  the  land  mentioned  in  section  one  of  this 
act,  using  convict  labor  in  and  about  the  premises  when- 
ever it  can  be  done  to  advantage;  and  the  said  prison 
9tructure    shall    be    erected,    finished,    and      completed      as 

Pen.  Code — 45 


706  APPENDIX. 

speedily  after  it  is  commenced  as  practicable;  provided, 
that  said  board  of  state  prison  directors  shall  first  order 
the  erection  of  a  suitable  structure  for  the  accommodation 
of  not  less  than  one  hundred  and  fifty  convicts  within  the 
inclosed  prison-yard,  the  same  to  be  in  harmony  with  the 
general  plan  adopted  for  the  construction  of  the  branch 
prison  at  Polsom. 

Sec.  3.  The  said  board  of  directors  shall,  on  or  before 
the  fifteenth  day  of  April,  A.  D.  eighteen  hundred  and 
seventy-four,  cause  to  be  published  in  a  daily  newspaper 
in  the  city  and  county  of  Sacramento,  and  city  and  county 
of  San  Francisco,  for  at  least  thirty  days,  a  notice  to  re- 
ceive plans  and  specifications,  in  detail,  at  a  place  specified 
therein,  for  the  construction  of  a  branch  state  prison,  to 
be  erected  on  the  land  and  at  the  site  hereinbefore  men- 
tioned in  said  Sacramento  County,  and  upon  the  basis  of 
accommodating  not  less  than  five  hundred  prisoners  at  one 
time.  The  notice  shall  also  state  the  premium,  not  to  ex- 
ceed the  sum  of  five  hundred  dollars,  to  be  awarded  to  the 
architect  whose  plans  and  specifications  for  the  same  may 
be  adopted. 

Sec.  4.  The  said  board  of  state  prison  directors,  on  or 
before  the  fifteenth  day  of  June,  A.  D.  eighteen  hundred 
and  seventy-four,  shall  adopt  plans  and  specifications  for 
said  branch  state  prison,  as  aforesaid;  and  on  or  before 
the  day  last  before  mentioned,  shall  cause  to  be  adver- 
tised in  a  daily  newspaper  published  in  the  city  and  county 
of  Sacramento,  and  in  the  city  and  county  of  San  Fran- 
cisco, for  at  least  thirty  days,  a  notice  to  receive  sealed 
proposals  and  bids  to  construct  and  erect  any  part  of  said 
branch  state  prison,  on  the  land  and  at  the  site  afore- 
said, in  accordance  with  the  plans  and  specifications  which 
shall  have  been  heretofore  adopted  by  said  board  of  state 
prison  directors  for  the  construction  of  the  same,  with  the 
reserved  right  to  reject  any  and  all  bids  as  being  too  high 
in  price,  and  advertise  anew.  The  said  board  of  directors, 
on  or  before  the  fifteenth  day  of  September,  A.  D.  eighteen 


STATE    PRISONS.  Y07 

hundred  and  seventy-four,  must  let  to  the  lowest  responsible 
bidder  the  contract  to  construct  and  erect  such  part  of  said 
prison  structure  as  said  board  of  directors,  in  their  discre- 
tion, may  think  proper,  upon  condition  that  such  contractor 
or  contractors  execute  a  good  and  sufficient  bond  in  double 
the  amount  of  his  or  their  bids,  to  perform  such  contract  of 
constructing  and  erecting  any  part  of  said  prison  structure 
in  a  skillful  and  workmanlike  manner,  and  in  conformity 
with  the  plans  and  specifications  aforesaid,  which  bond  shall 
be  approved  by  the  board  of  state  prison   directors. 

Sec.  5.  The  board  of  state  prison  directors  are  hereby 
authorized  to  appoint  a  superintendent  of  said  prison,  who 
shall  hold  his  office  during  the  pleasure  of  the  appointing 
power,  and  until  his  successor  is  appointed  and  qualified, 
whose  duty  it  shall  be  to  superintend  and  manage  the 
construction  and  erection  of  said  prison  structure,  under  such 
rules  and  regulations  as  may  be  prescribed  by  the  board 
of  state  prison  directors,  under  the  provisions  of  this  act. 

Sec.  6.  The  board  of  state  prison  directors  are  hereby 
authorized  to  cause  to  be  erected,  on  said  site  mentioned  in 
section  one  of -this  act,  such  temporary  prison  buildings,  yard 
and  officers'  quarters  as  they  may  deem  necessary  for  the 
accommodation  of  the  officers  and  guards,  and  the  safe-keep- 
ing of  the  prisoners  during  the  time  they  are  employed  in 
the  erection  of  the  said  permanent  prison  buildings  and 
wall,  or  prison  structure. 

Sec.  7.  As  soon  as  temporary  quarters  and  buildings  are 
erected,  as  provided  in  section  six  of  this  act,  the  board  of 
state  prison  directors  shall  select  a  number  of  prisoners,  not 
less  than  fifty  nor  more  than  five  hundred,  of  the  number 
who  may  be  unemployed  under  contract,  and  cause  them  to 
'  be  removed  from  the  state  prison  at  San  Quentin  to  said 
prison  near  Folsom,  and  there  to  be  confined  and  worked 
in  the  erection  'of  said  prison  structure,  and  such  other  work 
and  labor  as  the  said  board  of  directors  shall  deem  advan- 


70S  APPENDIX. 

tageous  and  proper,  during  the  term  or  terms  of  their  sen- 
tence to  the  state  prison. 

See.  8.  The  provisions  of  chapters  one  and  two  of  title 
I,  part  III,  of  the  Penal  Code,  are  applicable  to  and  made 
part  hereof,  substituting  the  words  "branch  state  prison" 
for  the  words  "state  prison,"  whenever  occurring  in  said 
chapters.  The  appointment  of  a  prison  warden  shall  be  a 
permanent  appointment,  and  he  shall  not  be  removed  from 
office  except  for  good  and  sufficient  cause. 

Sec.  9.  All  material  necessary  to  be  purchased  in  the 
construction  of  said  prison  structure,  and  all  supplies  for 
the  support  and  maintenance  of  said  branch  state  prison, 
shall  be  by  contract,  and  the  board  of  directors  shall  cause 
to  be  published,  in  a  newspaper  published  in  the  county,  a 
notice  to  receive  bids  therefor,  and  let  the  same  to  the  low- 
est responsible  bidder,  whenever  such  material  or  supplies 
are  needed. 

Sec.  10.  All  salaries  paid  to  officers,  guards,  or  skilled 
laborers,  and  all  moneys  expended  for  material,  tools,  or  sup- 
plies, used  in  the  construction  of  said  branch  state  prison 
buildings  and  wall,  and  in  the  support  and  maintenance  of 
said  prison,  shall  be  drawn  from  the  state  treasury,  in  the 
same  manner  as  moneys  are  now  drawn  ther-efrom  for  the 
support  and  maintenance  of  the  state  prison  at  San  Quentin; 
and  the  board  of  directors  shall  cause  to  be  kept  a  correct 
account,  in  detail,  of  all  moneys  secured  and  disbursed  by 
them  in  the  building,  support  and  management  of  said  branch 
state  prison,  and  shall  on  or  before  the  first  day  of  Novem- 
ber in  each  year,  make  a  full  report  to  the  governor,  showing 
in  detail  all  the  transactions  connected  with  the  construction, 
management,  support  and  maintenance  of  said  prison,  and  of 
the  working  and  conducting  of  the  convicts  therein  confined. 

Sec.  11.  The  board  of  directors  shall  collect,  or  cause  to 
be  collected,  and  receive  all  moneys  due  for  work  and  labor 


STATE    PRISONS.  709 

furnished  to  any  parties  at  or  from  said  prison,  or  from  the 
lease  of  the  labor  of  convicts  therein  confined,  and  pay  the 
same  into  the  state  treasury,  and  take  the  treasurer's  re- 
ceipt therefor;  and  it  shall  be  the  duty  of  the  state  treasurer 
to  place  the  same  in  a  fund,  to  be  known  as  the  "Folsom 
branch  state  prison  fund,"  which,  together  with  all  moneys 
appropriated  or  obtained  by  the  assessment  and  levy  of 
taxes  upon  the  value  of  property  for  the  building,  support 
and  maintenance  of  said  prison,  shall  be  subject  to  orders 
of  said  board  of  directors,  to  be  disbursed  in  the  support  of 
said  branch  state  prison. 

See.  12.  The  sum  of  one  hundred  and  seventy-five  thou- 
sand dollars  is  hereby  appropriated  out  of  any  money's  in 
the  state  treasury  not  otherwise  appropriated,  for  the  purpose 
of  carrying  out  the  provisions  of  this  act,  and  the  state 
treasurer  is  hereby  directed  and  required  to  place  the  same 
in  the  Folsom  branch  state  prison  fund,  subject  to  orders  for 
disbursement  as  hereinbefore  provided.  Neither  the  board 
of  state  prison  directors  mentioned  in  section  one  of  this 
act,  nor  any  one  acting  under  or  for  said  board,  shall  incur 
or  create  any  debt  or  debts,  liability  or  liabilities,  under  the 
provisions  of  this  act;  nor  shall  they  make  any  contract  or 
agreement  in  relation  to  the  building  and  construction  of 
the  branch  state  prison  provided  for  in  this  act,  the  comple- 
tion and  fulfillment  of  which  will  exceed  the  apropriation 
made  in  this  section,  or  the  balance  of  such  appropriation 
unexpended  at  the  time  such  contract  or  agreement  is  en- 
tered into.  Any  violation  of  the  foregoing  provisions  shall 
be  a  misdemeanor,  and  all  such  contracts  and  agreements 
shall  be  void. 

Sec.  13.  All  acts  and  parts  of  acts,  so  far  as  the  same  are 
in  conflict  with  the  provisions  of  this  act,  are  hereby  re- 
pealed. 

Sec.  14.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage  and  approval. 

In  addition  to  the  above  legislation,  the  following  acts 
may  be  referred  to: 


710  APPENDIX. 

An  act  to  provide  for  the  completion  of  the  branch  state 
prison    at    Folsom,    approved   April    1,    1878;    1877-8,    884. 

An  act  to  provide  for  the  speedy  completion  of  the  branch 
state  prison  at  Folsom,  approved  April  12,  1880;  1880,  39 
(Ban.   ed.   191). 

An  act  to  provide  for  the  erection  of  a  wall  at  the  state 
prison  at  Folsom,  approved  March  13,  1883;  1883,  295. 

An  act  to  appropriate  the  sum  of  thirty-foui  thousand 
four  hundred  and  nineteen  dollars  and  forty  cents,  to  pay 
the  amount  found  by  the  sixth  judicial  court  to  be  due  M. 
Miles  and  his  sureties  for  work  done  under  contract,  in  build- 
ing the  state  prison  at  Folsom,  approved  March  10,  1885; 
1885,  79. 

An  act  providing  for  the  erection  and  operation  of  rock- 
crushing  plants  at  the  state  prisons,  for  the  preparation 
of  highway  material  for  the  benefit  of  the  people  of  the 
state,  and  providing  for  the  necessary  advances  and  ap- 
propriation of  money  to  carry  out  said  work. 

[Approved  March  28,  1895.  Stats.  1895,  274.] 

Section  1.  The  governor  of  the  state,  the  state  prison 
directors,  and  the  bureau  of  highways  (or  if  the  latter  shall 
not  be  established,  then  and  in  that  case  the  two  first  named) 
shall,  when  satisfied  that  fifty  thousand  cubic  yards  of  pre- 
pared road  or  highway  metal,  as  hereinafter  described,  will 
be  taken  for  highway  purposes,  purchase,  establish,  and  op- 
erate at  one  or  .both  of  the  state  prisons,  a  rock  or  stone 
crushing  plant,  to  be  operated  by  convict  labor  and  by  the 
applieatioQ  of  power  under  control  of  the  state  prison  direc- 
tors, and  with  such  free  labor  as  is  necessary  for  superin- 
tendence and  direction,  to  crush  rock  or  stone  into  road 
metal  for  highway  purposes,  of  different  and  necessary  de- 
grees of  fineness;  provided,  that  the  authority  and  direc- 
tion hereby  and  herein  conferred  and  given  shall  not  be  ex- 
ercised or  employed  until  the  governor  and  the  state  prison 


STATE    PRISONS.  711 

directors  are  satisfied  that  transportation  can  be  had  for 
such  highway  metal  for  highway  purposes  at  just  and  rea- 
sonable rates,  and  so  as  to  justify  the  setting  up  and  opera- 
tion herein  provided  for  of  said  plant. 

Sec.  2.  When  such  plant  described  in  section  one  is  set 
up  and  operated  there  shall  be  taken  into  account  in  ascer- 
taining the  cost  of  producing  highway  metal  therefrom, 
only  the  cost  of  necessary  explosives,  oil,  fuel,  tools,  and 
machinery  exclusive  of  the  plant  itself,  repairs,  superintend- 
ence, and  direction,  and  the  preparation  and  maintenance 
of  beds,  boxes,  crates,  or  other  unloading  devices  for  car- 
riage and  delivery  from  cars  of  said  highway  metal. 

Sec.  3.  To  said  cost  of  production  so  ascertained,  as  set 
out  in  section  two,  there  shall  be  added  for  and  to  each  and 
every  cubic  yard  of  highway  metal  so  produced,  ten  per 
cent,  and  the  result  or  product  of  such  addition  shall  be  the 
sale  price  of  such  metal  i.lelivered  from  the  plant  free  on 
board  of  the  cars  or  other  vehicles  of  transportation. 

Sec.  4.  Said  ten  per  cent  shall,  as  realized,  and  not  less 
frequently  than  semi-annually,  be  paid  into  the  state  treas- 
ury, until  there  shall  have  been  paid  in  the  full  sum  of 
twenty-five  thousand  dollars,  and  thereafter  said  percentage 
shall  be  reduced  to  five  per  cent,  and  the  same  as  realized 
shall  be  paid  into  the  fund  for  the  support  of  the  state  pris- 
ons. 

Sec.  .5.  The  state  prison  directors  are  hereby  authorized 
to  lease  railroad  cars  with  equipment  suitable  for  the  rapid 
and  economical  handling  and  delivery  of  highway  material 
prepared  as  aforesaid,  whenever  in  their  judgment  the  inter- 
ests of  the  people  of  the  state  will  be  conserved  thereby  in 
the  matter  of  highway  construction  by  the  use  of  such  high- 
way metal  so  produced,  as  in  this  act  provided.  The  cost  of 
such  leasing  shall  in  such  case  be  carried  into  the  cost  of 
production  described  in  section  two. 


712  APPENDIX. 

Sec.  6.  The  sum  of  thirty  thousand  dollars  is  hereby  ad- 
vanced by  the'  state,  for  the  purposes  of  this  act,  and  said 
sum  is  hereby  appropriated  out  of  the  general  fund  of  the 
treasury,  subject  to  the  demand  of  the  state  prison  directors; 
and  the  state  controller  shall,  on  presentation  of  such  de- 
mand, in  writing,  draw  his  warrant  upon  the  treasurer  for 
the  said  sum  of  money  in  behalf  of  said  state  prison  direct- 
ors, and  the  state  treasurer  shall  on  presentation  of  such 
warrant,  pay  the  same.  Twenty-five  thousand  dollars  of  said 
sum  of  money  so  advanced  and  appropriated  shall  be  re- 
turned to  the  fund  from  which  drawn,  as  is  specified  and  di- 
rected in  this  act. 

Sec.  7.  The  sum  of  five  thousand  dollars  is  hereby  set 
apart  out  of  the  money  so  appropriated  in  the  previous  sec- 
tion, to  and  for  the  usage  of  the  state  prison  directors,  to 
provide  and  maintain  a  permanent  revolving  fund  for  the 
purchase  of  tools,  machinery,  and  other  material  and  appli- 
ances, exclusive  of  the  establishment  of  the  plant  described 
in  this  act,  to  be  used  in  the  process  of  crushing  and  han- 
dling rock  or  stone  at  the  state  prisons  for  the  purpose  con- 
templated and  set  out  in  this  act.  All  money  taken  from 
said  revolving  fund  shall  be  used  exclusively  in  payment  for 
such  supplemental  machinery,  tools,  material  and  appliances 
necessary  to  the  proper  quarrying,  handling  and  preparing 
of  highway  material  at  said  state  prisons;  and  so  much  of 
the  money  received  for  sale  of  highway  metal  as  shall  be 
necessary  to  that  end  shall  be  returned  to  said  revolving 
fund  as  is  needed  to  keep  the  same  constantly  at  the  said 
figure  of  five  thousand  dollars. 

Sec.  8.  All  acts  or  parts  of  acts  in  conflict  with  the  pro- 
visions of  this  act  are  hereby  repealed. 

Sec.  9.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 


STATE   PRISONS.  713 

An  act  to  regulate  and  govern  the  operation  of  the  rock- 
crushing  plaat  at  the  state  prison  at  Folsom,  to  provide 
for  the  sale  of  crushed  rock,  and  the  disposition  of  the 
revenues  derived  therefrom. 

[Approved  March  11,  1897.     Stats.  1897,  99.], 

Section  1.  The  state  board  of  prison  directors  shall  reg- 
ulate, govern,  and  have  -full  control  of  the  rock  or  stone 
crushing  plant  established  at  the  state  prison  at  Folsom, 
the  product  thereof,  the  revenues  derived  therefrom,  and 
all  appropriations  of  money  therefor. 

Sec.  2.  The  plant  shall  be  operated  by  convict  labor,  and 
by  the  application  of  the  mechanical  and  water  power  be- 
longing to  the  state  prison  at  Folsom,  together  with  such 
free  labor  as  the  state  board  of  prison  directors  may  deem 
necessary  for  superintending,  directing  and  guarding  the 
convicts    employed    thereon. 

Sec.  3.  The  state  board  of  prison  directors  are  hereby 
empowered  and  authorized  to  sell  and  to  otherwise  dispose  of 
the  crushed-rock  product  of  the  said  plant;  provided,  that 
in  all  cases,  preference  shall  be  given  to  orders  received  from 
the  bureau  of  highways  for  crushed  rock  for  road  metal  for 
highway  purj^oses. 

Sec.  4.  The  sale  price  of  all  crushed  rock  sold  for  road 
metal  for  highway  purposes  shall  be  the  cost  of  production, 
with  ten  per  centum  added,  delivered  on  board  cars  or  other 
vehicles  of  transportation  at  the  rock-crushing  plant;  pro- 
vided, that  no  rock  shall  be  sold  for  highway  or  other  pur- 
poses for  a  less  price  than  thirty  cents  per  ton. 

Sec.  5.  The  cost  of  iiroduction  shall  be  ascertained  by 
estimating  the  cost  of  explosives,  oil,  fuel,  tools,  repairs, 
free  labor,  supplementary  machinery,  the  preparation  and 
maintenance  of  beds,  boxes,  crates,  or  other  unloading  de- 
vices for  carriage  to  and  delivery  from  cars,  of  said  crushed 


714  APPENDIX. 

rock,  the  leasing  of  railroad  cars,  and  the  cost  of  such  other 
materials,  supplies  and  expenses  as  may  be  required  and  used 
in  producing  each  ton  of  crushed  rock  ready  for  sale  deliv- 
ery. 

Sec.  6.  The  state  board  of  prison  directors  are  hereby 
authorized  to  lease  railroad  cars,  with  equipments  suitable 
for  the  rapid  and  economical  handling  and  delivery  of 
crushed  rock,  prepared  as  aforesaid,  whenever  in  their  judg- 
ment the  interest  of  the  people  of  tGe  state  will  be  conserved 
thfereby,  in  the  matter  of  highway  construction,  by  the  use 
of  said  crushed  rock.  The  cost  of  said  leasing  shall  be  car- 
ried into  the  cost  of  production  described  in  section  five. 

Sec.  7.  The  amount  of  five  thousand  dollars  heretofore 
appropriated  is  hereby  set  apart  to  and  for  the  usage  of  the 
state  board  of  prison  directors,  to  provide  and  maintain  a 
permanent  revolving  fund  for  the  purpose  of  operating  and 
maintaining  the  rock-crushing  plant  at  Folsom  prison.  The 
money  taken  from  said  revolving  fund  shall  be  used  exclu- 
sively for  operating  and  maintaining  the  said  rock-crushing 
plant.  So  much  of  the  money  received  from  the  sale  of 
crushed  rock  as  shall  be  necessary  to  that  end,  shall  be  re- 
turned to  said  revolving  fund,  as  it  is  needed  to  keep  the 
same  constantly  at  the  said  figure  of  five  thousand  dollars. 

Sec.  8.  "Whenever  the  revolving  fund  shall  be  replenished, 
and  there  shall  be  a  surplus,  or  balance,  over  the  amount 
appropriated,  this  surplus,  or  balance,  shall  be  paid,  not  less 
frequently  than  semi-annually,  into  the  state  treasury,  to 
the  credit  of  the  fund  known  as  "The  state  prison  fund  of 
Folsom  prison, ' '  for  the  use  and  support  of  Folsom  prison. 

Sec.  9.  The  clerk  of  the  state  prison  at  Folsom  shall  keep 
such  records,  books,  and  accounts  as  may  be  necessary  to 
at  all  times  clearly  exhibit  the  financial  business  and  other 
transactions  of  the  said  rock-crushing  plant.  All  such  rec- 
ords, books,  and  accounts  shall  be  kept  separate  and  dis- 
tinct from  those  relating  to  other  prison  affairs. 

Sec.  10.     For    all    sums    of    money   herein    required   to    be 


STATE    PRISONS.  71i 

paid,  drafts  shall  be  drawn  on  the  controller  of  state,  signed 
by  at  least  three  members  of  the  state  board  of  prison  direc- 
tors. Said  drafts  shall  be  sent  to  the  state  board  of  exam- 
iners, to  be  by  them  approved,  and  after  approval  by  said 
state  board  of  examiners,  the  controller  of  state  shall  draw 
his  warrant  in  behalf  of  said  state  board  of  prison  directors, 
on  the  state  treasurer,  who  shall  pay  the  same,  on  presenta- 
tion of  such  warrant;  provided,  that  the  state  board  of  exam- 
iners is  hereby  expressly  prohibited  from  approving  of  any 
of  said  drafts  until  the  same  are  presented  with  itemized 
statement,  showing  specifically  the  services  rendered,  by 
whom  performed,  time  employed,  distance  traveled,  and  nec- 
essary expenses  thereof;  if  for  articles  purchased,  the  said 
statement  shall  give  the  name  of  each  article,  together  with 
the  price  paid  for  each,  and  of  whom  purchased,  together 
with  the  date  of  purchase. 

Sec.  11.  If  any  of  the  buildings,  machinery,  or  structures 
appertaining  to  or  comprising  the  said  rock-crushing  plant 
are  destroyed  in  any  way,  or  injured  by  fire  or  otherwise, 
they  may  be  rebuilt  or  repaired  immediately,  under  the  di- 
rection of  the  state  board  of  prison  directors,  by  and  with  the 
consent  solely  of  the  governor,  the  attorney-general,  and  the 
secretary  of  state,  and  the  expenses  thereof,  not  to  exceed 
in  amount  the  sum  of  ten  thousand  dollars,  shall  be  paid  out 
of  any  funds  in  the  state  treasury  not  otherwise  appropriated 
by  law,  and  the  provisions  of  no  other  act  shall  apply  to  or 
govern  or  limit  this  section,  or  any  of  the  powers  or  duties 
herein  conferred. 

Sec.  12.  The  state  board  of  prison  directors  are  hereby 
authorized  and  empowered  to  perform  such  other  acts  and 
duties  as  may  be  necessary  to  carry  out  the  full  intent  and 
meaning  of  this  act. 

Sec.  13.  All  acts  and  parts  of  acts  inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed. 

Sec.  14.     This  act  shall  take  effect  immediately. 


716  APPENDIX. 

An  act  to  provide  for  certain  improvements  and  repairs  at 
the  Folsom  state  prison,  and  making  an  appropriation 
therefor. 

[Approved  April  6,  1891.     Stats.  1891,  487.] 

The  act  appropriated  $65,000  for  the  purpose  mentioned. 

An  act  making  appropriation  for  the  purchase  of  an  electric 
plant,  pump  and  pipe,  sewer  pipe,  necessary  wheels  for 
utilizing  the  water  of  the  American  River  for  power 
purposes,  and  the  erection  of  a  power  building  for  the 
state  prison  at  Folsom,  and  other  expenses  incidental 
and  refeting  thereto. 

[Approved  March  11,   1889.     Stats.   1889,   132.] 

The  act  appropriated  $112,500.00  for  the  purpose  men- 
tioned. 

An  act  to  authorize  and  empower  the  state  board  of  prison 
directors  to  purchase  California-grown  hemp,  to  be  used 
in  the  manufacture  of  grain  bags,  and  to  fix  the  price  at 
which  such  bags  shall  be  sold. 

[Approved  March  16,  1901.     Stats.  1901,  515.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  The  state  board  of  prison  directors  are  author- 
ized and  empowered  to  purchase  California-grawn  hemp,  to 
be  used  in  the  manufacture  of  grain  bags,  and  to  pay  for 
the  same  from  the  revolving  fund  created  by  law  for  the 
purchase  of  jute.  The  price  for  which  grain  bags  made  at 
said  prison  from  hemp  shall  be  sold  shaU  be  fijxed  by  the  state 
board  of  prison  directors,  in  the  same  manner  as  the  price 
of  bags  made  from  jute  is  now  by  law  fixed  by  said  board. 

See.  2.     This  act  shall  take  effect  immediately. 


STATE    PRISONS.  717 

An  act  making  appropriations  for  the  purchase  of  jute, 
jute  machinery,  lands,  and  erection  of  buildings  for  the 
manufacture  of  jute  for  the  state  prison  at  San  Quentin, 
and  other  expenses  incidental  and  relating  thereto. 

[Approved  March  4,  1881,-  1881,  34.] 

The     act     appropriated   $219,000.00   for   the   purpose   men- 
tioned. 

An  act  amending  an  act  making  appropriation  for  the  estab- 
lishment of  a  permanent  fund  for  the  purchase  of  jute 
to  be  manufactured  at  the  state  prison  at  San  Quentin, 
approved  March  9,  1885. 

[Approved  March   16,   1889.     Stats.   1889,  228.] 

The  act  appropriated  $100,000.00  for  the  purpose  specified. 

An  act  making  appropriations  for  the  purchase  of  additional 
jute  machinery  and  the  erection  of  additional  buildings 
for  the  manufacture  of  jute  goods  for  the  state  prison 
at  San  Quentin,  and  other  expenses  incidental  and  relat- 
ing thereto. 

[Approved   March   24,   1887;   1887,   240.] 

The  act  appropriated  $160,000.00  for  the  purpose  specified. 

An  act  to  provide  for  the  erection  at  Folsom  state  prison  of 
a  building,  for  the  accommodation  of  the  insane  pris- 
oners, and  making  an  appropriation  therefor. 

[Approved  March  26,  1903.     Stats.  1903,  .'-il9.] 

The  act  apjjropriated  $25,000.00  for  the  purpose  indicated. 

An  act  to  provide  for  the  erection  at  San  Quentin  state 
prison  a  building  for  the  accommodation  of  the  insane 
prisoners,  and  making  .an  appropriation  therefor. 

[Approved  March  19,  1889;   1889,  419.     Repealed  1893,  148.] 

The  act  appropriated  $20,000.00  for  the  purpose  indicated. 


718  APPENDIX. 

An  act  to  provide  for  certain  improvements  and  repairs  at 
the  San  Quentin  state  prison,  and  making  an  appropria- 
tion therefor. 

[Approved    March    19,    1889;    1889,    420.     In    effect    immedi- 
ately.] 

The  act  appropriated  $15,000.00  for  the  purpose  indicated. 

An  act  to  purchase  adjacent  lands  at  San  Quentin  for  the 
use  of  the  state  prison,  together  with  the  improvements 
thereon,  and  making  an  appropriation  therefor. 

[Approved  March  19,  1889.     Stats.   1889,  419.] 

The  act  appropriated  $7,500.00  for  this  purpose. 

An  act  appropriating  money  for  building  workshops  and 
prison  buildings  at  the  California  state  prison,  at  San 
Quentin. 

[Approved  March   31,   1876;  1875-6,   643.     In   effect  immedi- 
ately.] 

This  act  appropriated  two  hundred  thousand  dollars  for 
the  construction  of  a  large  fire-proof  work-shop,  four  hun- 
dred feet  by  sixty  feet,  and  four  stories  high;  also  for  the 
purchase  of  state  machinery,  shafting,  water-pipes  and  hose. 
It  provided  that  bids  for  sealed  proposals  to  furnish  the 
necessary  materials  should  be  published  in  two  daily  news- 
papers in  San  Francisco  for  at  least  ten  days. 

An  act  to  appropriate  the  sum  of  three  thousand  one  hun- 
dred dollars  to  purchase  adjacent  lands  at  San  Quentin 
for  the  use  of  the  state  prison,  together  with  the  im- 
provements thereon. 

[Approved  March  31,  1891.     Stats.  1891,  p.  261.] 


STATE    PRISONS.  719 

An  act  directing  the  state  prison  directors  of  the  state  of 
California  to  employ  at  least  twenty  prisoners  in  the 
construction  of  roads  to  the  state  prisons  at  San  Quen- 
tin  and  at  Folsoni. 

[Approved  March   12,   1903.     Stats.   1903,   127.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  The  state  prison  directors  of  the  state  of  Cal- 
ifornia are  hereby  authorized  and  directed  to  employ  at  least 
twenty  prisoners  daily  during  fair  weather,  in  the  construc- 
tion and  repair  of  such  public  roads  as  have  been  or  shall 
hereafter  be  laid  out  or  opened  by  the  board  of  supervisors 
of  Marin  County,  and  which  extend  from  San  Quentin  state 
prison,  or  the  grounds  surrounding  the  same,  to  Point  Tibu- 
ron,  San  Eafael,  and  all  railroad  stations  in  Marin  County 
which  lie  in  the  neighborhood  of  the  said  state  prison;  pro- 
viding, that  no  work  shall  be  done  by  such  prisoners  beyond 
a  point  six  miles  distant  from  said  prison  buildings,  and 
also  to  employ  at  least  twenty  prisoners  under  like  conditions 
on  roads  extending  from  the  state  prison  at  Folsom  in  Sac- 
ramento County  or  connecting  therewith;  providing,  that  no 
work  shall  be  done  by  such  prisoners  beyond  a  point  six 
miles  distant  from  said  prison  building. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Acts  similar  in  terms  to  this  were  passed  in  1893;  Stats. 
1893,  p.  141.  And  1897;  Stats.  1897,  p.  6.  And  1891;  Stats. 
1891,  p.  222. 

An  act  to  protect  the  public  health,  to  prevent  the  intro- 
duction and  spreading  of  disease,  and  to  provide  for  the 
protection  of  the  health  of  criminals  under  sentence  on 
conviction  of  a  misdemeanor. 

[Approved  March   13,   1883.     Stats.   1883,   280.] 
Section   1.     Whenever  tlie  board  of  health  of  any  city  or 
county,   or   city   and  county,  or  the  board   of  supervisors  of 


720  APPENDIX. 

any  county,  or  the  county  physician  of  any  county  of  this 
state,  shall  present  or  cause  to  be  presented  to  the  sheriff, 
or  other  officer  having  charge  of  any  county  jail  or  prison 
in  anj"  county  or  city,  or  city  and  county,  in  this  state,  a 
certificate,  or  order,  in  writing,  to  the  effect  that  it  is  by 
them,  or  him,  considered  necessary  for  the  purpose  of  pro- 
tecting the  public  health,  or  to  prevent  the  introduction  or 
spreading  of  disease,  or  to  protect  or  improve  the  health  of 
criminals  under  sentence,  that  the  hair  of  any  criminal  or 
criminals  should  be  cut,  the  said  sheriff,  or  other  officer,  shall 
cut,  or  cause  to  be  cut,  the  hair  of  any  such. person  or  persons 
in  his  charge  convicted  of  a  misdemeanor  and  sentenced  to 
a  longer  term  of  imprisonment  than  fifteen  days,  to  a  uni- 
form length  of  one  and  one-half  inches  from  the  scalp  of 
such  person  or  persons  so  imprisoned. 

Sec.  2.     This  act  shall  take  effect  from  and  after  its  pas- 
sage. 

An  act  concerning  the  payment  of  the  expenses  and  costs  of 
the  trial  of  convicts  for  crimes  committed  in  the  state 
prison,  and  to  pay  the  costs  of  the  trial  of  escaped  con- 
victs, and  to  pay  for  the  expenses  of  coroner  inquests 
in  said  prison. 

[Approved   April   12,   1880.     Stats.   1880,  43.] 

See  this  act,  ante,  p.  588. 

An  act  to  authorize  the  state  board  of  prison  directors  to 
pay  for  certain  skilled  labor  used  in  the  construction  of 
the  dam  and  canal  at  Folsoni  prison,  and  making  an 
appropriation  therefor. 

[Approved   April   6,    1891.     Stats.   1891,  496.] 

The  act  ap^jropriated  $16,925.00  for  the  purpose  indicated. 


STATE    PRISONS.  721 

An   act   to   establish  board  of  parole  commissioners  for  the 
parole   of   and   government   of   paroled   prisoners. 

[Approved  March  29,  1893;   1893,  183.     Amended   1901,  82.] 

Section  1.  The  state  board  of  prison  directors  of  this 
state  shall  have  power  to  establish  rules  and  regulations  un- 
der which  any  prisoner  who  is  now  or  hereafter  may  be  im- 
prisoned in  any  state  prison,  and  who  may  have  served  one 
calendar  year  of  the  term  for  which  he  was  convicted,  and 
who  has  not  previously  been  convicted  of  a  felony  and 
served  a  term  in  a  penal  institution,  may  be  allowed  to  go 
upon  parole  outside  of  the  buildings  and  inclosures,  but  to 
remain  while  on  parole  in  the  legal  custody  and  under  the 
control  of  the  state  board  of  prison  directors,  and  subject 
at  any  time  to  be  taken  back  within  the  inclosures  of  said 
prison;  and  full  power  to  make  and  enforce  such  rules  and 
regulations  and  retake  and  imprison  any  convict  so  upon 
parole  is  hereby  conferred  upon  said  board  of  directors, 
whose  written  order  certified  by  the  president  of  said  board 
shall  be  suflicient  warrant  for  all  officers  named  therein  to 
authorize  such  officer  to  return  to  actual  custody  any  con- 
ditionally released  or  paroled  prisoner,  and  it  is  hereby  made 
the  duty  of  all  chiefs  of  police,  marshals  of  cities  and  vil- 
lages, and  sheriffs  of  counties,  and  all  police,  prison,  and 
peace  officers  and  constables  to  execute  any  such  order  in 
like  manner  as  ordinary  criminal  process;  provided,  however, 
that  no  prisoner  imprisoned  under  a  sentence  for  life  shall 
be  paroled  until  he  shall  have  served  at  least  seven  calendar 
years. 

The  governor  of  the  state  shall  have  like  power  to  can- 
cel and  revoke  the  parole  of  any  prisoner,  and  his  written 
authority  shall  likewise  be  sufficient  to  authorize  any  of  the 
officers  named  therein  to  retake  and  return  said  prisoner  to 
the  state  prison,  and  his  written  order  canceling  or  revok- 
ing the  parole  shall  have  the  same  force  and  efifect  and  be 
executed  in  like  manner  as  the  order  of  the  state  board  of 
Pen.  Code— 46 


722  APPENDIX. 

prison  directors.  If  any  prisoner  so  paroled  shall  leave  the 
state  without  permission  from  said  board  he  shall  be  held 
as  an  escaped  prisoner  and  arrested  as  such.  [Amendment, 
approved  February  28,  1901.     Stats.  1901,  82.] 

Sec.  2.  This  act  shall  take  effect  immediately  from  and 
after  its  passage.  [Amendment,  approved  February  28, 
1901.     Stats.  1901,  82.] 

SUNDAYS. 
An  act  to  provide  for  a  day  of  rest  from  labor. 

[Approved  February  27,   1893.     Stats.   1893,  p.   54.] 

Section  1.  Every  person  employed  in  any  occuj)ation  of 
labor  shall  be  entitled  to  one  day 's  rest  therefrom  in  seven, 
and  it  shall  be  unlawful  for  anv  emolover  of  labor  to  cause 
his  employees,  or  any  of  them,  to  work  more  than. six  days 
in  seven;  provided,  however,  that  the  provisions  of  this  sec- 
tion shall  not  apply  to  any  case  of  emergency. 

Sec.  2.  For  the  purposes  of  this  act,  the  term  day's  rest 
shall  mean  and  apply  to  all  cases,  whether  the  employee  is 
engaged  by  the  day,  week,  month,  or  year,  and  whether  the 
work  performed  is  done  in  the  day  or  night  time. 

Sec.  3.  Any  person  violating  the  provisions  of  this  act 
shall  be  deemed  guilty  of  a  misdemeanor. 

See.  4.  This  act  shall  take  effect  and  be  in  force  thirty 
days  from  and  after  its  passage. 

An  act  to  regulate  and  provide  for  a  day  of  rest  in  certain 
cases. 

[In  effect  April  16,  1880.     Stats.  1880,  p.  80,  Ban.  ed.  311.] 

Section  1.'  It  shall  be  unlawful  for  any  person  engaged  in 
the  business  of  baking  to  engage,  or  permit  others  in  his 
employ  to  engage  in  the  labor  of  baking,  for  the  purpose  of 
sale,  between  the  hours  of  six  o  'clock  P.  M.  on  Saturday 
and  six  o  'clock  P.  M.  on   Sunday,  except  in  the  setting  of 


SUNDAYS— SUPERVISORS.  I2i 

sponge  preparatory  to  the  night's  work;  provided,  however, 
that  restaurants,  hotels,  and  boarding  houses  may  do  such 
baking  as  is  necessary  for  their  own  consumption. 

Sec.  2.  Any  person  violating  the  provisions  of  this  act 
shall  be  guilty  of  a  misdemeanor,  and  shall  be  punishable 
by  imprisonment  in  the  county  jail  not  less  than  one  month 
nor  more  than  six  months,  or  by  a  fine  of  not  less  than 
t^  ty-five  dollars  nor  more  than  two  hundred  dollars,  or 
by  both  fine  and  imprisonment. 

This  act  was  declared  unconstitutional:  Ex  parte  Wester- 
field,  55  Cal.  550. 


SUPERVISORS. 
An   act   to   authorize   boards   of   supervisors   to   pay   the   ex- 
penses of  posse   comitatus  in  criminal  cases. 

[Approved   April    16,   1880;    1880,   102,   Ban.   ed.   341.] 

Section  1.  The  board  of  supervisors  of  any  county  may 
allow,  in  their  discretion,  such  compensation  as  they  may 
deem  just,  to  defray  the  necessary  expenses  that  have  been 
incurred  by  a  posse  comitatus  in  criminal  cases;  provided, 
no  claim  shall  be  allowed  for  expenses  which  have  not  been 
incurred    within    one    year   before    such   allowance. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force  from 
and  alter  its  passage. 

24 


INDEX. 


ABALONE,  protection  of,  §  628. 
Possession  of  sliells,  §  628. 

ABANDONMENT,  children  of,  §  271a. 

ABDUCTION:    See    Kidnaping;    Prostitution. 
Jurisdiction  of  offense   of,   §   784. 

Of  minor  female  for  prostitution,  punishment  of,  §  267. 
Punishment  of,  p.   690,  Stats. 
Woman,  of,  punishment,   §   265. 

ABETTING,  out  of  state,  by  person,  §  27. 

ABORTION,   advertising   to   procure,    §   .317. 

Administering  drugs  to  produce,  punishment  of,  §  274. 
Evidence  of,   §   1108. 

Prosecutrix  must   be    corroborated,   §    1108. 
Soliciting  materials  for,  punishment,   §   275. 
Submitting  to,  punishment,  §  275. 

Using   instruments    to    procure    miscarriage,   punishment, 
§  274. 

ABSENCE.     Application   for  removal   heard  in   defendant's 
absence,  when,   §   1034. 
District  attorney,  of,  appointing  another,   §   1130. 
Jury,  of,  adjournment  of  court,  §    1142. 
Limitation    of    action    when    defendant    out    of   state,    § 


ACCESSAHIES.     Abetting  by   person   out  of  state,   punish- 
ment, §  27. 
All  persons  concerned  liable  as  principals,  §  971. 
Before  act  and  principal,  distinction  abolished,  §  971. 
Concealing  felony   makes   one   an,   §   32. 
Corroboration  'of,  §   1111. 
Duel  in,  §  228. 

Indictment   of,   allegations,    §   971. 
Indicted   and   tried,   though  principal  not,   §  972. 
Indicted  and  tried,  though  principal  acquitted,  §  972. 

(725) 


726  ACCESSARIES— ACCUSATION. 

Jurisdiction  of,  when  principal  offense  out  of  county, 
§§  791,  792. 

Lottery,  to,  guilty  of  misdemeanor,  §  322. 

Misdemeanor,  in,  guilty  of  misdemeanor,  §  659. 

One  harboring  persons  charged  with  felony  is  an  ac- 
cessary, §  32. 

Punishment  of,  §  33. 

Who  are,  §  32. 

ACCIDENT  as  affecting  liability  for  crime,  §  26. 
Homicide  by,   §  195. 

ACCOMPLICE,  corroboration  of,  §  1111. 
See  Accessary. 
Conditional  examination  at    preliminary    examination,  § 

882. 

ACCOUNT,    embezzlement    or    falsification    by    public    offi- 
cers,  §  424. 
Fraud  in   corporation's,   §   563. 
Presenting  fraudulent   to   public   officer,   §    72. 

ACCUSATION,  defendant  may  demur  or  answer  to,  §  762. 
Defendant  to  appear  and  answer,  §   761. 
Demurrer  overruled,  defendant  must  answer,  §  765. 
Denial  of,  manner  ot,   §   764. 
Denial   of   charge,   proceedings   on,   §   766. 
District    attorney,    against,    to    be    presented    to    grand 

jury,  §  771. 
Form  of  accusation,  §  759. 
Form   of  demurrer  to,  §   763. 
Judgment   on   conviction,    §    769. 
Judgment,  causes  of  removal  to  be  assigned,  §  769. 
Judgment  to   be  entered,   §   769. 

Officers,  against,  to  be  presented  by  grand  jury,  §   758. 
Plea  of  guilty,  proceedings  on,   §   766. 
Private  person  may  file  against  officer,  §  772. 
Private  person,  by,   citation   to   officer,   §   772. 
Private  person,  by,  time  of  hearing,  §  772. 
Private  person,   by,  judgment  on  conviction,  §   772. 
Proceeding,  if  defendant  does  not  appear,  §  761. 
Proceedings  to  remove  officers  may  be  by,  §  889. 
Process    to    compel    attendance    of    witness,    both    sides 
entitled  to,  §  768. 


ACCUSATION— ACTIONS.  V27 

Eefusal  to  answer,  proceedings  on,  §  766. 

Superior  court,  before,  for  removal  of  officer,  §  772. 

Superior  court,  judgment  in  on  accusation  against  offi- 
cer,  §   772. 

Superior  court,  proceedings  in  on  accusation  against 
officer,  §   772. 

Time  for  defendant  to  appear,  §§  760,  772. 

To  be  filed,  §  760. 

Transmitted  and  served,  how,  §  760. 

Trial,  how  conducted,  §  767. 

Trial  to  be   by  jury,   §   767. 

What  court  found  in,  §  890. 

What  prosecutions  must  be  by,  §  889. 

ACCUSED:   See  Defendant. 

ACID,  throwing  upon  another,  §  244. 

ACKNOWLEDGMENT,    false   personation,   §    529. 

ACQUITTAL,  arrest  of  judgment,  effect  of  as,  §  1188. 
Court  may  advise,  §  1118. 
Defendant  discharged  on,  when  and  when  not,  §§  1165, 

1447. 
Discharge  of  codefendant  to  be  witness  is,  §  1101. 
Effect  of  for  higher  offense,  §  1023. 
Foreign,  §  656. 

Former:  See  Former  Jeopardy. 
Grounds  of,  §  1096. 
Insanity,   proceedings    after   verdict    of,   on    ground    of, 

§  1167. 
Judgment  of  can  be  entered  on  informal  verdict,  when, 

§  1162. 
Person  not  subject  to  prosecution  after,  §  687. 
Prosecutor,   judgment   entered   against   for   costs,   when, 

§   1448. 
Prosecutor  ordered  to  pay  costs  on,  when,  §  1447. 

Eeasonable  doubt,  §   1096. 

ACTIONS,  authority  of  court  to  wliich  removed,  §   1038. 
Clerk  to  prepare  calendar,  §  1047. 
Criminal,   defined,   §   683. 
Defendant  as  witness  in,  §  1323. 


72S  ACTIONS— ADULTERATION. 

Dismissal    of,   §    1382. 

Formation  of  trial  jury,  §   1046. 

Forms  of  and  rules  of  pleading  in,   §   948. 

In  whose  name  prosecuted,  §   684. 

Indictment,  when  found,   §   803. 

Limitation  of:  See  Limitation  of  Actions. 

Merger  of  civil  and  criminal,  §  9. 

Party  prosecuted,  how  designated,  §  685. 

Proceedings  where  offense  triable  in  another  county, 
§   827. 

Place  of:  See  Venue. 

Property  stolen  without  and  brought  .within  state,  § 
789. 

Eecord  of,  what  constitutes,  §  1207. 

Removal  of,  before  trial,  grounds  for,  §   1033. 

Eemoval,  application  for,  how  made,  §  1034. 

Kemoval,  application  for,  when  granted,  §  103.5. 

Eemoval,  application  for,  proceedings  if  defendant  in 
custody,  §   1037. 

Eemoval,  application  made  by  attorney  and  heard  in 
defendant's  absence,  when,   §   1034. 

Eemoval,  on  whose  application  granted,   §   1033. 

Eemoval,  order  of  entry  of,  §  1036. 

Eemoval,   transmission   of  papers,   §   1038. 

Eemoval,  transmitting  certified  copy  of  proceedings, 
§    1036. 

Eemoval,  want  of  fair  and  impartial  trial,  §  1033. 

Eemoval,  pending  actions  not  affecting  by  statute  re- 
lating to,  §  1035. 

ADJOURNMENT,  admonition  of  jury  on,  §  1122. 
Court,  b\',   during  jury's  absence,  §   1142. 
Discharge  from  custody,  and  continuance,  §   1383. 
Justices '  court,  of  trial  in,  §  1433. 
Preliminary    examination,   of,    §§    861,    862. 
Trial,  of,  ordered  when  and  how,  §  1052. 

ADMINISTRATIVE  OFFICER,  crimes  by  and  against,  §  77. 

ADMINISTRATOR,   embezzlement,  when  guilty  of,  §  506. 

ADMONITION,  of  jury  on  adjournment,  §  1122. 

ADULTERATION    articles,  of,  in  general,  §  382. 
Butter:   See  Butter. 


ADULTERATION— ADVERTISEMENT.  72>J 

Candy,   adulteration   of,   a    misdemeanor,    §    402a. 

Candy, "  adulterated,  selling  or  keeping  a  misdemeanor, 
§    402a. 

Drugs,  act  relating  to,   §  383,  note. 

Drugs,  meaning  of,   §   383. 

Drugs,   when   adulterated,   §    383. 

Food,  meaning  of,   §  383. 

Food  or  drugs,  tainted  or  adulterated,  penalty  for  sell- 
ing or  keeping,  §  383. 

Food  or  drugs,  tainted  or  adulterated,  selling  a  misde- 
meanor, §  383. 

Food,  when  adulterated,  §  383. 

Food  or,  §  382,  p.  557,  Stats. 

Honey,  pp.  551,  559,  Stats. 

Liquors,  of,  §  382. 

Quicksilver,  sale  of  debased,  §  367. 

Eetail  dealer  not  guilty  of  if  he  has  guaranty  of 
purity  from  seller,  §  382. 

Sale  of  adulterated  food,  §  383. 

SjTup,  p.  551,  Stats. 

Wine,  p.  551,  Stats. 

ADULTERY:    See  Prostitution. 

Act  to  jmnish,  §  269a,  note. 

Open   and   notorious   living   in,   a   misdemeanor,   §    269a. 

Open  and  notorious  living  in,  by  married  persons  a 
felony,  §  269b. 

Open  and  notorious  living  in,  by  married  persons,  mar- 
riage,  how   proven,    §   269b. 

Open  and  notorious,  punishment  for  living  in  by  mar- 
ried persons,  §  269b. 

Open   and   notorious,    punishment    for   living  in,    §    269a. 

ADVERTISEMENT,  abortion,  to  procure,   §  317. 

False  statements  as  to  quality  of  goods  sold  a  misde- 
meanor, §   654a. 

Injuring,   §   616. 

Lottery,  §   323. 

Placing  on  property  without  consent,  a  misdemeanor,  § 
602. 

Posting  on  state  property,  §  G02. 

Posting  without  license  of  owner,  §  602. 


730  AFFIDAVIT— AMERICAN    FLAG. 

AFFIDAVIT:   See  Perjury. 

Change  of  venue,  for,  §   1034. 
Defectively  entitled,  valid,  §  1401. 
Entitling  in  special  proceeding,   §    1563. 
Examination  on  crmmission,  for,   §§   1352,   1460,   1563. 
Justices'   courts,   in,   entitling,   §    1460. 
Making  of,  when  deemed  complete,  §  124. 
Oath  includes  affirmation,   §   119. 
Perjury   in,    what    constitutes, .  §    118a. 
Need  not  be  entitled,  §§  1401,  1460,  1563. 
Police  court,  entitling  affidavit  in,  §  1460. 
Subsequent   contradictory   statements,   evidence   of  fals- 
ity, §   118a. 

AFFINITY,  juror  challenge  for,  §  1074. 

AFFIRMATION,  oath  includes,  §§  7,  119. 
Testify  includes,   §   7. 

AFFRAY,  jurisdiction  of  justice's  court  over,  §  1425. 

AGENT,   embezzlement,  when   guilty   of,   §§   506,  508. 
False  statement  to   principal,   §  536. 
Insurance,    of    foreign     company     not    complying    with 

law,  §  439. 
Insolvent  bank,   overdrawing,  §  561. 
Insolvent  bank,  agent  receiving  deposit,  §  562. 

ALAMEDA  COUNTY.     Deer  on  Mt.  Diablo,  act  to  prevent 
destruction  of,  p.  608. 
Fishing  in   San   Leandro    Creek   and   Lake    Chabot   for- 
bidden, p.  605,  Stats. 

ALIEN,  challenge  to,  as  grand  juror,  §  896. 

Aliens   incapable  of  becoming   electors   prohibited  from 
fishing,  p.  603,  Stats. 

ALTERATION,  of  legislative  bill  or  resolution:   See  Legis- 
lature. 
Of   public   record   by   officer,   §    113. 
Of   public  record  by  other  than   officer,   §   114. 

AMENDMENT,  challenge  of,  §  1062. 

See   Bill  of  Exceptions. 

AMERICAN  FLAG.     Desecration  of  flag  prohibited,  p.  607, 

Stats. 


AMMUNITION— ANIMAL.  731 

AMMUNITION,  selling  to  Indians,  §  398. 

See    Cartridges. 

AMUSEMENTS:   See  Theaters. 
ANESTHETIC:   See   Drugs. 

ANIMAL:   See  Nuisance;   Eailroad. 

Abandoned,  rights  and  duties  of  officers  of  humane 
society,  §  597f, 

Act  concerning  trout  in  Siskiyou  County  continued  in 
force,   §   23. 

Act  for  prevention  of  cruelty  to  animals,  p.  561,  Stats. 

Act  for  prevention  of  cruelty  to  animals  continued  in 
force,  §   23. 

Act  to  prevent  destruction  of  fish  in  Bolinas  Bay  and 
Napa  Eiver  continued  in  force,  §  23. 

Act  to  preserve  fish  and  game  in  and  around  Lake 
Merrit  continued  in   force,   §   23. 

Act  to  protect  stock-raisers  in  certain  counties  con- 
tinued in  force,  §  23. 

Act  to  regulate  salmon  fisheries  in  Eel  Eiver  continued 
in  force,  §  23. 

Brands,  altering,   §§   357,  35714. 

Bristle  or  tack  bur  or  similar  device,  use  of  prohibited, 
p.  569,  Stats. 

Certificate  of  registration,  obtaining  by  fraud  a  mis- 
demeanor,  §  537a. 

Contagious  or  infectious  diseases  amongst,  act  to  pre- 
vent, p.  571. 

Cranes:   See  Cranes. 

Cruelty  to;   See  Cruelty  to  Animals. 

Dead,  putting  in  stream,  highway,  etc.,  §  374. 

Death  from  mischievous,  §  399. 

Diseases,  act  to  prevent  spread  of  contagious  and  infec- 
tious  diseases   amongst,    §   402d,   note. 

Diseased,  failure  to  keep  from  other  animals  a  misde- 
meanor,  §   402d. 

Diseased,  failure  to  keep  from  other  animals,  punish- 
ment of,   §  402cl. 

Dogs  are  personal  property,  §  491. 

Dogs,  larceny  of,  §  491. 

Dogs,  value,  how  ascertained,  §  491. 

Drugs,  giving  to,  act  to   prevent,  p.  569. 

Elk:  See  Elk. 

False   pedigree,  giving,   a   misdemeanor,   §   537a. 


Game  laws:  See  Game  Laws. 

Glanders  or  farcy,  animal  having  to  be  killed,  §   402b. 

Glanders  or  farcy,  failure  to  kill  animal  having,  a  mis- 
demeanor, §  402b. 

Glanders  or  farcy  or  infectious  diseases,  bringing  ani- 
mals into  state  affected  with,  §  402. 

Glanders,  sale  or  exposure  of  animal  infected,   §  402. 

Gulls:    See    Gulls. 

Homing  pigeon:  See  Homing  Pigeons. 

Impounded,  failure  to  feed,  a  misdemeanor,  §  597e. 

Impounded,  right  to  enter  and  feed  and  charge  to  owner, 
§   597e. 

Injury  to  animal  obtained  at  livery-stable  a  misde- 
meanor, §  .537b. 

Judges  of  the  plains,  acts  relating  to  continued  in  force, 
§   23. 

Killing,  §  597. 

Killing  animal  while  hunting  on  inclosed  land  of  an- 
other, a  misdemeanor,  §  884c. 

Letting  certain  male  animals  run  at  large,  punish- 
ment of,   §  597g. 

Letting  stallion  or  jack  to  mare  or  jenny  in  city,  pun- 
ishment of,  §  597g. 

Maiming  or  torturing,  §  597. 

Maliciously  killing,  wounding,  or  maiming,  a  misde- 
meanor, §  597. 

Marks  or  brands  on,  altering,  punishment  of,  §§  357, 
3571/:.. 

Meaning  of,  §  599b. 

Neglected  or  disabled,  powers  and  duties  of  officers  of 
humane  society,  §  597f. 

Oysters,  trespassing  upon  property  where  planted  a 
misdemeanor,  §  602. 

Oysters,  act  concerning  continued  in  force,  §   23. 

Oyster  beds,  act  concerning  continued  in  force,  §  23. 

Poisoning,  §  596,   p.  569,   Stats. 

Pollution  of  waters  by  livestock,  punishment  of,  §  374. 

Registration,  fraud  in,  §  537^^. 

Eodeos,  acts  relating  to  continued   in  force,   §   23. 

State  veterinarian,  act  creating,  p.  561. 

Tampering  with,  act  to  prevent,  p.  569. 

Unfit  and  old,  duty  to  kill,  §  599e. 


ANSWER— APPEAL.  733 

ANSWER:    See  Plea;   Pleading. 
Airaignment,  to,   §   990. 
Impeachment,   in,    §§    743,   744. 
Eefusal   to,  plea  of  not  guilty   entered,   §   1024. 

ANTWERP  MESSENGER:    See  Homing  Pigeons. 

APOTHECARY:    See  Druggists. 

APPEAL:    See  Exceptions;   New   Trial. 

Affirmed  judgment,  execution  of,   §   1263. 

Affirming  judgment   appealed   from,    §    1260. 

Appellant   is  who,    §    1236. 

Argument  on,  §§   1252-1254. 

Argument,  judgment  mav  be  affirmed  but  not  reversed 
without,   §   1253. 

Argument,   number  of    counsel,    §    1254. 

Bail  upon,   §§   1272,   1273,   1291,   1292. 

Bill   of   exceptions:    See   Exceptions. 

Certificate   of   jirobable   cause   for,    §§    1243-1245. 

Clerk 's  duties  on,  §   1246. 

Counsel,  number  of,  §   1254. 

Custody,  proceedings  on  certificate  of  probable  cause, 
when    defendant    in,    §    1244. 

Defendant    may,   in   what   cases,    §§    1237,    1238. 

Dismissal,  five   days'  notice,   §   1248. 

Dismissed  for  want  of  return,  §   1249. 

Dismissed  how,   and   for  what   irregularity,    §    1248. 

Effect    of,   by    defendant,    §    1243. 

Effect  of,  by  people,  §   1242. 

Effect   in   general,   §§    1242-1245. 

Either  party  may  appeal  on  questions  of  law  alone,  § 
1235.' 

Entry  of  judgment  on,  §    1264. 

Errors,  immaterial,  in  general,  §  1404. 

Errors,   not   prejudicial,   §   960. 

Errors,  technical,  disregarded,  §   1258. 

Exceptions:    See    Exceptions. 

Grounds   for,    §§    1237,    1238. 

How  taken,   §§   770,   1240. 

Instructions  need  not  be  embodied  in  bill  of  excep- 
tions, §  1176, 

Instructions,  written,   need   not   be   exce])ted   tj),   §    1176. 

Instructions,   how    jiresented   for   review,   §    1176. 


Judgment,    certified    copy    remitted    to    clerk    of    lower 

court,   §    1264. 
Judgment  on,  to  be  entered,  §  1264. 
Judgment,   entry  and  remitting  of,  §   1264. 
Jurisdiction  ceases  after  judgment  remitted,  §   1265. 
Lies,  when,  §  1237. 

Modifying   judgment   appealed   from,   §    1260. 
New  trial,  may  order,  §  1260. 
New  trial,  where  to  be  had,  §  1261. 
Notice   of,    §    1240. 

Notice  of,   service   by  publication,   §   1241. 
Notice  of,  appeal  taken  by  serving,  §  1240. 
Notice  of,  publication  of,  effect  of,  §   1241. 
Notice  of,  publication  of  when  authorized,  §  1241. 
Officer,  appealing  from  removal,  office  to  be  filled  pend- 
ing appeal,  §  770. 
Officer,  from  proceedings  to  removl?,  how  taken,  §   770. 
Officer  suspended  pending   appeal  from   removal,   §   770. 
Order   after   judgment,   from,   §    1238. 
Order   carrying   into    effect   unexecuted   death    sentence, 

not   appealable,   §   1227. 
Papers,    certifying   and    transmitting   to   supreme    court, 

§  1246. 
Parties  on,  are  appellant  and  respondent,  §  1236. 
Parties,  how  designated  on  appeal,  §  1236. 
People  may,  in  what  cases,  §  1238. 
Power  of  appellate  court,  §   1260. 
Presence  of  defendant,  §  1255. 
Priority  of  hearing  on  appeal  from  removal  of  officer,  § 

770. 
Remedial  powers  of  supreme  court,  §  1260. 
Remitting  judgment   on,    §§    1264,    1265, 
Remitting  judgment,  jurisdiction  ceases  after,  §  1265. 
Respondent   is  who,  §   1236. 
Return,  dismissal  for  want  of,  §   1249. 
Reversal,  discharge  of  defendant  on,  §  1262. 
Reversal,    exoneration    of    bail    or    return    of    monev,    § 

1262. 
Reversal,  may  order,  §   1260. 
Reviewed,   what   may  be,   §   1259. 
Right   of,   §   1235.  ^ 

Service    of    printed    copies    of    papers    on   attorriey    and 

attorney-general,  §  1246. 
Stay,  effect  of  appeal  by  people  as,  §  1242. 


APPEAI^APPOINTMENT.  Tii 

Stay  of  proceedings  on,  §§   1243-1245. 

Superior   court,   to,   how   taken,   heard,   and   determined, 

§    1467. 
Superior  court,  to,  proceedings  if  dismissed  or  judgment 

affirmed,    §    1470. 
Superior   court,  to,  statement  on,  §   1468. 
Superior  court,   to,  when  allowed,  §   1466. 
Superior  court,  to,  new  trial  in  what  court  tried,  §  1469. 
Taken,  how,   §§  70,  1240. 
Time  for  hearing  and  determining,  §  1252. 
Time  in  which  appeal  to  be  taken  from  order,  §  1239. 
Time  in  which  to  be  taken  from  judgment,  §  1239. 
Title  of  action  not  changed  on,  §  1236. 
Transcripts,  printing,  transmitting,  and  serving,  §   1246. 
Transcript,    certifying    and   filing,   §    1246. 
Transcripts,  filing  and  disposing  of,  §   1246. 
Transcript,  printing  a  county  charge,  §   1246. 
Transcript,  service  of,  §   1246. 

Transmission  of  papers  to  appellate  court,  §  1246. 
When  lies,  §   1237,   1238. 
Who  may,  §  1235. 

APPEARANCE,  accusation  of  defendant  to  answer,  §  761. 
Accusation,  failure  to  appear,  proceedings  on,  §  761. 
Appeal,  of  defendant  on,  §  1255. 
Arraignment  of  defendant,  for,  §  977. 
Arraignment,   if   in   custody   and   appearance   necessary, 

to  be  brought  in,  §  978. 
Bail,  of  defendant  admitted  to,  commitment  on,  §  1129. 
Bail:   See  Bail. 
Commitincut    of    witness   refusing    to    give   security   for, 

§  881. 
Corporations,   of,    §§    1396,    1427. 
Corporation,    failure    of    to    appear,    proceedings    on,    §§ 

1396,    1427. 
Impeachment,  proceedings  on  failure  to  appear,  §  742. 
Trial,  compelling  appearance  on,  §  1043. 
Trial  of  defendant,  on,  §  1043. 

Verdict,  of  defendant  when  jury  renders,  §   1148. 
Witness,  of,  expense  of,  §   1329. 
Witness,  of,  preventing,  §  136. 

APPOINTMENT  by  public  officer  for  reward,  §  74. 
Buying,   to  office,  §   73. 


736  APPRAISER— ARRAIGNMENT. 

Buying  or  selling,  penalty  for,  §  73n. 
Receiving  reward  for,  §  74. 

APPRAISER,    accepting    fee    or    compensation    not    allowed, 
a  misdemeanor,  §  653%. 

APPRENTICE,  aiding  to   run  away,  or  harboring,  §  646. 
Plight  hours,  requiring  to  work  over,  §  651. 
Unlawful    apprenticeship,    §    272. 

AQUEDUCTS,  destroying  or  injuring,  §  607. 

ARBITRATOR,  bribing,  §§   92,  93,  95. 

Influence,  improper  attempts  to,  §  95. 
Intimidation  of,  §  95. 

Making    promise    or    agreement    to    give    decision,    pun- 
ishment of,  §  96. 
Misconduct  of,  §  96. 
Receiving  bribe,  punishment  of,  §  93. 
Receiving  communication  outside  of  proceeding,  §  96. 

ARGUMENT,   on   appeal:    See   Appeals. 

ARMS,  state,  having  or  selling,  §§  442,  443. 
Selling  to  Indians,  §   398. 
Right  to  parade  with,  §   734. 

ARMY  AND  NAVY.     Unlawfully  wearing  badge  of  Grand 
Army,  punishment  of,  p.  611,  Stats. 

ARRAIGNMENT,   answer  to,  §  990. 

Bail  in  another  county,  proceedings  on  giving,  §  984. 
Bail,   increasing,   §   985. 

Bench-warrant,  by  whom  and  how  issued,  §  980. 
Bench-warrant,    directions    in,    when    offense    bailable,    § 

982. 
Bench-warrant,  directions  in,  when  offense  not  bailable, 

§  982. 
Bench-warrant,  service  in  another  county,  §  983. 
Bench-warrant,  form  of,  §§  981,  982. 
Bench-warrant,  how  served,  §  983. 

Bench-warrant  to  issue  to  defendant  out  on  bail,  §  979. 
Bench-warrant,    when    defendant    ordered    into    custody, 

§   986. 
Commitment,  ordering   where  bail  increased,  §   986. 
Counsel,   appointment   of,  §   987. 
Counsel,  informing  of  right  to,  §  987. 
Court,  before  what,  §   976. 


ARRAIGNMENT— ARREST.  737 

Custody,   ordering  into,   §§  985,   986. 

Defendant  may  move  to  set  aside,  demur  or  plead  to  In- 
dictment, §  990. 

Demurrer   to,   §   990. 

How  made,  §  988. 

If  in  custody  and  appearance  necessary,  to  be  brought 
in,  §  978. 

Judgment,   of   defendant   for,  §   1200. 

Made   how,   §  988. 

Name  of  defendant,  proceedings  when  not  indicted  by 
true,  §  989. 

Pleading   to   indictment   or   information,   §   990. 

Presence  of  defendant,  felony,  §  977. 

Presence  of  defendant,  misdemeanor,  §  977. 

Where,  before  what  court,  §  976. 

ARREST:    See  Bail. 

Appearance,  failure  to  make,  arrest,  §  979. 

Assistance,    may    be    summoned    by    person    making,    § 

839. 
Attorney  may  visit  defendant,  §  825. 
Authority,    arrest    without    lawful,    a    misdemeanor,    § 

146. 
Bail,  after  release   on,  §§   1310-1317. 
Bail,    may   arrest    defendant   for   purpose    of   surrender, 

§   1301. 
Bail:  See  Bail. 

Breaking  doors  and  windows  to  make,  §§  844,  845. 
Breaking  windows  and  doors  to  retake,  §  855. 
Breaking   windows    and    door    to    liberate   one    assisting 

in   makings    §   845. 
Breaking  window  and  doors  to  liberate  one's  self  after 

entering  to   make,   §   845. 
Civil  process,  support  of  prisoner  on,  §  1612. 
Conspiracy  to,  §  182. 
Conspiracy  to  indict,  §  182. 

Coroner   to   order,  when  and  how,   §§   1517-1519. 
Corporations,  summons  to  issue,  service,  §   1427. 
Dead  bod}^,  of,  §  295. 
Defendant  at  trial,  of,  §   1129. 
Defined,   §  834. 

Delay,   defendant   to   be   taken   before   magistrate   with- 
out, §§  825,  849. 
Delay   in    taking   arrested    person    before    magistrate,    § 

145. 
Pen.  Code— 47 


Deposition  on  examination  of  prosecutor  and  witnesses, 
§  811. 

Duty  of  officer  arresting  with  warrant,  §  848. 

Escape,  re-arrest  of  one  making,  §  854. 

Examination  of  prosecutor  and  witnesses  upon  infor- 
mation, §  811. 

Extradition,  §§   1548-1555. 

False,  §  146. 

Eelony,  when  may  be  made,  §  840. 

Force  that  may  be  used,  §  843. 

Fugitives  from  this  state,  §  1557. 

Grounds   for,    §§    836,   837. 

Habeas  corpus,  instead  of,  §§  1497-1499. 

Habeas  corpus,  on  disobedience  to,  §  1479. 

Homicide   in   making,  justifiable,   §   196. 

How  made,  §§  834,  835,  841,  842. 

Indorsement  on  warrant  for  service  out  of  county, 
what  necessary  before,  §  820. 

Information,  to  be  laid,  when  arrest  without  warrant, 
§    849. 

Informing  defendant  of  cause  of  arrest  and  authority, 
§   841. 

Inhumanity  to  prisoners,  §   147. 

Judgment,  arrest  of  defendant  out  on  bail,  §  1199. 

Justice 's   court,   warrant  from,  issues  when,   §   1427. 

Magistrates,  who  are,  §  808. 

Magistrate,  inability  to  act,  taking  before  nearest  mag- 
istrate, §  824. 

Magistrate,  may  orally  order,  when,  §  838. 

Magistrate,   taking   before,    §§    821,    824,    828. 

Magistrate,   taking  before  nearest,   §§   825,   827,  828. 

Magistrate,  taking  before  another  than  the  one  issuing 
the   warrant,   §§   826-828. 

Magistrate,  taking  before,  no  delay  in,  §  825. 

Magistrate,  taking  before,  without  delay,  §§  847,  849. 

Misdemeanor,  for,  when  can  be  made  at  night,  §  840. 

Money  and  property,  taking  from  prisoner,  §§  1412, 
1413. 

Night,  when  and  when  not  may  be  made  at,  §  840. 

Offense  triable  in  another  county,  proceedings  on,  § 
827. 

Out  of  county,  §§   819,  820. 

Out  of  county,  indorsement  on  warrant,   §§  819,  820. 

Out  of  county,  of  defendant  for  misdemeanor,  proceed- 
ings  on,    §§    822-824. 

Out  of  county,  proceedings  on  taking  bail,  §  823. 


Peace  officers,  who  are,  §  817. 

Peace  officer  may  make,  when,  §  836. 

Peace,  of  person  threatening  a  breach  of,  §  703. 

Posse  comitatus,  refusing  to  join,  §  150. 

Posse  comitatus,  supervisors  authorized  to  pay  expenses 
of,  p.  723,  Stats. 

Private  person  may  make,  §§  834,  837. 

Private  person  arresting,  duty  of,   §   847. 

Process,  without,  §   146. 

Eeceipt  for  money  or  property  taken  from  person  ar- 
rested, §   1412. 

Kecommitipent  after  bail,  §§   1310-1317. 

Eefusing  to  aid  officer  in,  §   150. 

Refusing  to  make,   §   142. 

Eescued,  re-arrest  of  one,  §  854. 

Restraint,   amount   of  allowable,   §   835. 

Rioters,  of,  §  727. 

Search  of  defendant,  §  1542. 

Telegraph,  by,   §§   850,   851. 

Time  when  may  be  made,  §  840. 

Verbal  order  of  magistrate,  by,  §  838. 

Warrant  certifying  taking  of  bail  on,  §  823. 

Warrant,-  depositions  what  to  contain,  §  812. 

Warrant,  duty  of  officer  arresting  with,  §  848. 

Warrant  executed  how  in  another  county,  §  819. 

Warrant,  form  of,  §  814, 

Warrant  indorsed  for  service  in  another  county,  lia- 
bility of  magistrate,  §  820. 

Warrant,  indorsement  for  service  in  another  county, 
certificate  necessary,   §   820. 

Warrant,  indorsement  of  commitment  on,  §  863. 

Warrant,  justice,  form  of,  when  to  issue,  §  1427. 

Warrant  for,  name  or  description  of  defendant,  §  815. 

Warrant  for,  proceedings  for  offenses  triable  in  an- 
other county,   §§   827,   828. 

Warrant  for,  statement  of  offense,  §  815. 

Warrant  must  issue  when,  §  813. 

Warrant  must  be  shown,  when,  §  842. 

Warrant,  person  arrested  without,  taking  before  mag- 
istrate  without    delay,    §    849. 

Warrant,  return  of  to  clerk,  §  883. 

Warrant  to  be  directed  to  and  executed  by  peace  offi- 
cer, §  816. 

Warrant  to  be  directed  to  what  officers,  §§   818,  819. 

Warrant   to  be  shown   if  required,   §   842. 


740  ARREST— ART. 

Warrant,  without,  officer  may  make  when,  §  836. 
Weapons  may  be  taken  from  arrested  person,  §  846. 
Weapons  taken  to  be  delivered  to  magistrate,  §  846. 
Who  may  make,   §   834. 
Without  "authority,  §  146. 

ARREST  OF  JUDGMENT,  appeal  .from  order  respecting,  § 

1238. 
Court  may  order,  without  motion,  §  1186. 
Defendant,  when  to  be  held  or  discharged,  §  1188. 
Effect  of,  §§  1187,  1888,  1452. 
Failure  to  state  cause  of  action,  §  1012. 
Grounds  for,  §  1185. 
Justice's  or  police  court,  in,  §  1450. 
Justice's  or  police   court,  in,   grounds  for,   §   1452. 
Justice 's  or  police  court,  in,  effect  of,   §   1452. 
Justice 's    or    police    court,    motion    to    be    made    before 

judgment,  §  1450. 
Motion   for   defined,   §    1185. 
Motion,  without,  §  1186. 
Order  for,  to  be  entered,  §  1185. 
Time    to    make    motion,    §§    1185,    1450. 
Want  of  jurisdiction,  §  1012. 

ARSON,  building  defined,   §  448. 

Building,   inhabited,   defined,   §   449. 

Burning,   what   constitutes,   §   451. 

Burning  defined,  §  451. 

Burning  property  not  subject  of  arson,  punishment  of, 
§  600. 

Conspiracy  to  commit,  overt  act,  §  184. 

Defined,  §  447. 

Degrees  of,  §  453. 

First  degree,   §  454. 

Inhabited  building,  what  is,  §  449. 

Insured  property,  burning,  §  548. 

Maliciously  burning  property  not  the  subject  of,  pun- 
ishment of,  §  600. 

Murder  in  committing,  §   189. 

Night-time   defined,   §   450. 

Ownership  of  building,   §   452. 

Punishment  of,  §  455. 

Second  degree,  §  454. 

ART,  injuring  works  of,  §  622. 


ARTESIAN    WILLS— ATTACHMENT.  '.'41 

ARTESIAN  WELLS,  regulating  use  of  and  preventing  waste 
of  percolating  waters,  p.  571,  Stats. 

ASSAULT,  battery  defined,   §   242. 
Caustic   chemicals,  with,  §   244. 
Caustic  chemicals,  punishment  of,  §  244. 
Crime  against  nature,  to  commit,  punishment  of,  §  220. 
Deadly   weapon,   with,    §§   245,   246. 
Deadly  weapon,  with,  by  a  prisoner,  §  246. 
Defined,  §  240. 

Justice 's  court,  jurisdiction  over,   §   1425. 
Larceny,  with  intent  to  commit,  §  220. 
Mayhem,  with  intent  to  commit,  §  220. 
Murder,  with  attempt  to  commit,  §§  217,  221. 
Officer,  by,  under  color  of  authority,  §  149. 
Possession   of   deadly  weapon  with  intent  to,   §   467. 
President,    vice-president,    governors,    federal    judges    or 

executive  officers,  on,  p.  582,  Stats. 
Prisoner,  by,  §  246. 

Punishment  of,  §§  220,  221,  241,  244-246. 
Rape,   with   intent    to,    §    220. 
Security    to    keep    peace,    when    committed    in    presence 

of  court,  §  710. 
Sodomy,  with  intent  to  commit,   §  220. 

ASSEMBLY,  unlawful,   §§  407-410. 

See   Eiot;    Rout. 

ASSESSMENT:   See  Tax. 

ASSESSOR:    See   Tax. 

False  name,  giving,  §  429. 

False  .statement  respecting  taxes,  §  430. 

List  of  property,  refusal  to  give,  §  429. 

Obstructing  collection  of  taxes,  §  429. 

Refusing  to  give  true  name,  a  misdemeanor,  §  429. 

ASSIGNATION,  letting  or  keeping  house  of,  a  misdemeanor, 
§  316. 

ASSIGNEE,   in   trust,   when   guilty   of   embezzlement,   §    506. 

ASSIGNMENT,    by   debtor   to    defraud,   §    154. 

ASSOCIATIONS,   wtaring  badge  of  without  right,  a  misde- 
meanor, §  538b. 

ATTACHMENT,  dead  body,  of,  §  295, 


ATTACHMENT— ATTORNEY. 


Levy  without  process,  §  146. 

Lottery,  of  property  offered  for  disposal  in,  §   325. 

ATTEMPT  TO  COMMIT  CRIME,  on  trial  for  offense,  jury 
may   convict   of,   §    1159. 
Punishable  how,  §§  664,  665. 
Punishable,  when,   §§   663,  665. 

Rescue  of  prisoner,  attempt  to,  punishment  of,  §   101. 
Second  offense,  §  666. 
To  escape  from  state  prison,  §  106. 
To  escape  from  other  than  state  prison,  §  107. 
To  kill,  §§  216,  217. 

ATTENDANCE  of  witnesses  compelled,  §§  1326,  1330,  1513. 
See  Appearance. 

ATTORNEY,    advertising    or    holding    one 's    self   out    as,    a 

misdemeanor,  §  161a. 
Appointment   of   to    defend   defendant,    §   987. 
Argument   of,   in   trial   of   sanity,   §    1369. 
Argument   on   appeal,   §§   1252-1254. 
Argument,  order  of,  §  1093. 
Arraignment,    counsel,     defendant     to     be    informed    of 

right  to,  §  987. 
Arrested  person,   counsel  may  visit,   §   825. 
Buying  demands,  §  161. 
Buying  suits,   §   161. 
Cannot    defend    prosecutions    instituted    by    themselves, 

§§  162,  163. 
Capper  for,  is  vagrant,  §  647. 
Champerty,  §  161. 
Collusion  by,  §  160. 
Common  barratry  defined,  §  158. 
Common  barratrj^,  how  punished,  §  158. 
Common  barratry,  proof  of,  §  159. 
Deceit  by,  §  160. 
Defendant  entitled  to,  §  686. 
Delaying  suit  by,  §  160. 
Embezzlement,  when  guilty  of,  §  506. 
Fees,  wrongfully  receiving,  §   160. 
Maintenance   and   champerty,   §   161. 
Misconduct  of,  §   160. 
Moneys,  wrongfully  receiving,  §   160. 
Number   of,   who    may  argue,   §    1095. 
Partner,  suit  carried  on  by,  cannot  defend,  §§  162,  163. 
Preliminary  examination,  right  to  counsel,  §§  858,  859. 


ATTORNEY— BAIL.  743 

Prosecution  instituted  by  attorney  or  his  partner,  can- 
not defend,  §§  162,  163. 

Suit  formerly  carried  on  by,  may  not  defend,  §§  162, 
163. 

ATTORNEY-GENERAL,      governor     may      require     opinion 
from,  §  1219. 
Liable  to  impeachment,  §  737. 
Power  to  discontinue  or  abandon  prosecution,  §   1386. 

AUCTION,  mock,  §  53.5. 

AUCTIONEER,  acting  as  unlawfully,  §  436. 

Forfeiture  of  license  for  holding  mock  auction,  §  535. 

AUDITOR,  to   draw  warrant  for  expenses  of  jury,   §   1136. 

AUTHOR,  libel,  §  254. 

AUTHORITY,  assault  under  color  of,  §  149. 
Joint,  majority  may  exercise,  §  7. 
Officer  arresting  without,  §   146. 

AUTOMOBILE,  temporarily  taking  without  consent,  a  mis- 
demeanor, §  499b. 
Temporarily   taking  without   consent,   punishment   of,   § 
.  499b. 

AUTREFOIS  ACQUIT  OR  CONVICT:  See  Former  Jeopardy. 

BAIL:  See  Arrest;  Undertaking. 
Admission  to,  defined,  §  1268. 

Allowance  of,  defendant  to  be  discharged  on,  §   1281. 
Another  county,  proceedings  on  giving  bail  in,  §  984. 
Appeal,  bail  may  be  given  uj)on,  when,  §  1273. 
Appeal,  on,  how  put  in,  and  conditions  of,  §  1292. 
Appeal,  on,  qualifications  of,  §   1292. 
Appeal,  on,  when  allowed,  §  1272. 
Appeal,  on,  who  may  admit  to,  §  1291. 
Appearance,  failure  to  make,  bench-warrant,  §  979. 
Appearance,    failure    to   make,   forfeiture,   §   979. 
Arraignment,  increase  of,  §  985. 
Arraignment,    proceedings    on    giving    bail    in    another 

county,  §   984. 
Arrest  of  defendant  appearing  at  trial,  §  1129. 
Arrest  of  defendant  for  purpose  of  surrender,  §  1301. 


Bench-warrant,  directions  in  as  to  taking  and  amount 
of  bail,   §   982. 

Bench-warrant,  duty  of  sheriff  where  offense  not  bail- 
able, §  982. 

Bench-warrant  to  defendant  out  on,  nonappearance, 
§   979. 

Conviction,  bail  after  upon  appeal,  when  given,  §   1273. 

Conviction,  bail  niay  be  given  before,  when  and  for 
what  purposes,  §   1273. 

Commitment,  order  for  bail  on,  §  875. 

Death,  admission  to  bail  on  habeas  corpus  where  of- 
fense   punishable   with,   §    1286. 

Death,  defendant  to  be  given  into  custody  if  offense 
punishable  with,  §  1285. 

Death,  offense  punishable  with  wlien  onlv  bailable, 
§    1270. 

Defined,   §§    1268,    1269. 

Deposit  after  bail  given  and  before  forfeiture  exon- 
erates bail,   §   1296. 

Deposit,  instead  of,  §§  1295-1297. 

Deposit  instead  of,  effect  of  dismissal  of  action,  § 
1384. 

Deposit  instead  of,  forfeiture  on  failure  to  appear,  § 
979. 

Deposit,  instead  of,  forfeiture  of  payment  into  treas- 
ury,  §    1307. 

Deposit,  instead  of,  to  be  applied  to  fine,  §  1297. 

Deposit,  refunded  on  demurrer  sustained,  when,  §   1009. 

Deposit,  refunding  when  judgment  reversed  on  appeal, 
§   1262. 

Deposit,  refunding  when  defendant  surrendered,  §   1302. 

Deposit,  return  of  on  commitment  of  defendant,  §  1166. 

Deposit  to  be  applied  in  payment  of  judgment  and  fine, 
§    1297. 

Deposit,  when  and  how  made,  §  1295. 

Deposit,  when  forfeited,  how  disposed  of,  §  1307, 

Discharge  of  defendant  on  allowance  of,  §§  823,  1281. 

Discretion,   as   a   matter  of,  §   1272. 

Dismissal  of  action,  effect  of  on  bail,  §  1384. 

Examination  as  to  sufficiency  of,  §  1280. 

Exonerated  where  demurrer  sustained,  when,  §   1009. 

Exoneration  of,  by  deposit,  §   1296. 

Exoneration  on  commitment  of  defendant,  §   1166. 

Exoneration  of,  when  judgment  reversed  on  appeal,  § 
1262. 


Failure   to  give,  taking  before  magistrate,  §   824. 

False  personation  in  giving,  §  529. 

Fine,  bail  upon  appeal  in  case  of,  §  1273. 

Forfeited,  if  defendant  fails  to  appear,  §  1305. 

Forfeiture  of  deposit,  payment  into  treasury  for  non- 
appearance, §   1307. 

Forfeiture  for  nonappearance  may  be  discharged,  when, 
§  1305. 

Forfeiture  of,  action  by  district  attorney  against  bail, 
§  1306. 

Forfeiture  of,  discharge  of,  on  subsequent  appearance, 
§  1305. 

Forfeiture  of,  enforced  by  action,  §  1306. 

Forfeiture  of,  in  what  cases,  and  how  ordered,  §  1305. 

Forfeiture  of,  where  defendant  does  not  appear  at 
judgment,   §   1195. 

Forfeiture  on  failure  to  appear,  §  979. 

Form  of  the  undertaking,  §  1278. 

For  what   may  be   given,   §   1273. 

Fugitive  from  justice,  admission  to  bail,  §   1552. 

Fugitive  from  justice,  readmission  to  bail  by  superior 
court,    §    1556. 

Fugitive  from  justice,  superior  court  may  cancel  bail, 
§   1556. 

Fugitive  from  justice,  to  be  discharged  from  bail,  when, 
§   1555. 

Habeas  corpus,  bail  on,  §§  1286,  1489,  1491. 

Habeas  corpus,  for  purpose  of  giving,  §  1489. 

Habeas  corpus,  admitting  petitioner  to  bail  pending  ap- 
plication for,  §  1476. 

Increase  of,  §§  985,  1289. 

Increase    of,    ordering   commitment    until   given,    §    1289. 

Indictment,  on,  code  provisions  applying  to,  §  1288. 

Indictment,  on,  discharge  of  defendant,  §  1288. 

Indictment,  on,  form  of  undertaking,  §  1287. 

Indictment,  on,  increase  or  reduction  of,  §  1289. 

Indictment,  on,  justification  of,  sureties,  §  1288. 

Indictment,  on,  qualifications  of  sureties,  §   1288. 

Indictment,  on,  when  offense  capital,  defendant  to  be 
given   into   custody,   §   1285. 

Indictment,  on,  when  offense  not  caintal,  to  be  taken 
before   magistrate  for,  §   1284. 

Insane   person,  commitment  of,  exonerates  bail,  §   1371. 

Judgment,  bail  to  appear  for,  on  postponement  of,  § 
1449. 


Justice's  or  police  court,  in  §   1458. 

Justify,  bail  must  by  affidavit,  §   1280. 

Magistrate  who  may  admit  to,  §§  1277,  1291. 

May  be  given  for  what,  §  1273. 

Misdemeanor,   defendant  to  be  taken  before  magistrate 

issuing  warrant  for,  §  829. 
Notice  of  application  for,  §  1274. 
Offenses    bailable    after    conviction    and    upon    appeal, 

§  1272. 
Offenses  bailable   before   conviction  as  matter  of   right, 

§    1271. 
Offenses   punishable   with   death,   when   only   bailable,   § 

1270. 
Out  of  county,  of  defendant  arrested  for  misdemeanor, 

§§  822,  823. 
Out  of  county,  of  defendant  triable,  §  829. 
Postponement,  admission  to  bail  in  case  of,  §  862. 
Preliminary  exa'mination,  at,  order  for,  §  875. 
Preliminary  examination,  for  appearance  at,  §  1273. 
Preliminary   examination,  on   postponement   of,   §   862. 
Proceedings   on   taking  from   defendant   arrested  in   an- 
other county,   §   823. 
Put  in  how,   §    1278. 
Qualifications  of,  §  1279. 

Qualifications  of,  examination  as  to,  §  1280. 
Qualifications,  justification  by  affidavit,  §   1280. 
Kecommitment  after,  admitting  to  bail,  §§   1313-1317. 
Recommitment  after,  arrest  in  any  county,  §  1312. 
Eecommitment    after,    bail    given    on,    qualifications    of, 

§    1317. 
Recommitment    after,    bail    by   whom   may    be   taken,    § 

1315. 
Recommitment  after,  contents  of  order  for,  §  1311. 
Recommitment  after,  form  of  undertaking  upon,  §  1316. 
Recommitment,   if   for   failure    to   appear,   defendant   to 

be   committed,   §    1313. 
Eecommitment  after,  in  what  cases  ordered,  §  1310. 
Recommitment   after,   whether   may   again   be   admitted 

to  bail,  §   1314. 
Reduction  of,  §   1289. 

Reduction,   notice    of   application   to   be    served   on    dis- 
trict attorney,  §  1289. 
Right,  as  a  matter  of,  §§  1271,   1272. 
Sureties,   two,   §    1278. 


BAIL— BEACON.  747 

Surrender  of  defendant,  refunding  deposit,  §  1302. 
Surrender  of  defendant,  when,  how,  and  by  whom  made, 

§    1300. 
Taking  of,  defined,  §  1269. 
What  purposes  may  be  given  for,  §  1273. 
Where  defense  triable  out  of  county,  §  829. 

BAILEE,  embezzlement  by,  §  507. 

BALLAST,   obstructing   navigation   by   throwing   overboard, 
§   613. 

BALLOT:    See   Elections. 

BANK,  insolvent,  receiving  deposits,   §  562. 
Savings  bank  officer  overdrawing,  §  561. 

BANKER,  when  guilty  of  embezzlement,  §  506. 

BAR:    See   Former  Jeopardy. 

Demurrer,  allowance  of  as  a  bar,  §  108. 
Dismissal  is  in  misdemeanor  but  not  in  felony,  §  1387. 
Order    setting    aside    indictment    or    information    is    not, 
§  999. 

BARBER,  keeping  open  on  Sunday  or  holiday  after  twelve 
a  misdemeanor,   §   310^/^. 
Working  as,  on  Sunday  or  holiday  after  twelve  a  mis- 
demeanor.  §   310%. 

BARRATRY,  common,  defined,  §  158. 
Common,   how  punished,  §    158. 
Oomraon    proof   of,    §    159. 

BATHHOUSE,   keeping   open   on   Sunday   a   misdemeanor,   § 
3101/2- 

BATTERY,   defined,   §   242. 

Jurisdiftion  of  justice's  court  over,  §  1425. 
Punishment   of,   §   243. 

BAWDY-HOUSE:      Sec   Prostitution. 

BAY,  obstructing,  §   370. 

BEACON,  removal  a  misdemeanor,  §  609. 


748  EEACOX— BIGAMY. 

Mooring  vessel  to,  §   614. 

Protection  of  buoys  and  beacons,  p.  573,  Stats. 

BEGGAR  is  vagrant,  §   G47. 

Children,  begging  by,  prevention  and  punishment  of,  p. 

617,   Stats. 
Children,   using   as,   §   272. 

BELIi,  engineer  crossing  highway  without  ringing,  §  390. 

BENCH-WARRANT,  after  conviction,  form  of,  §  1197. 
Appear,  may  issue  if  defendant  does  not,  §  979. 
Appear  for  judgment,  failure  to,  may  issue,  §   1195. 
By  whom  and    how  issued,   §§   980,   1196. 
Clerk,  when   and  how  may  issue,   §  93-1. 
Defendant   to  be  arrested  and  brought  before  court,  oi 

committed,    §    1199. 
Directions  in,  as  to  amount  of  bail,  §  982. 
Directions  in,  where  offense  bailable,  §  982. 
Duty  of  sheriff  where  offense  not  bailable,  §  982. 
Form  of,   §  935. 
How  served,  §§  936,  983,   1198. 
Issuance  on  failure  to  appear,  §  979. 
Issuance    of    where    defendant    on    arraignment    ordered 

into   custody,   §   986. 
Issued  to  one  or  more  counties,  §§  980,  1197. 
Judgment,   bench-warrant   to   defendant   out   on   bail,   §§ 

1195-1198. 
May  be  served  in  any  county,  §  936. 
Under  indictment  or  information,  form  of,  §  981. 

BENEFIT   SOCIETIES,   wearing  badge   of,   a   misdemeanor, 

§    5431/2. 

BETTING:    See    Gambling. 
Elections,  on,  §  60. 

BIAS,   challenge   for,   §§    1073-1076. 

Of  officer  summoning  jury,  §  1064. 

BICYCLE,  larceny  of,  §  487. 

Temporarily    taking    without    consent,    a    misdemeanor, 

§   499b. 
Temporarily  taking  without  consent,  punishment,  §  499b. 

BIGAMY  defined,  §   281. 
Evidence   of,   §    1106. 


BIGAMY— BOARD    OF    EXAMINERS.  7t£ 

Husband  and  wife,  competency  of  as  witnesses,  §   1322. 

Jurisdiction  of,  §  785. 

Marrying  spouse  of  another,  §   284. 

Punishment,  §   283. 

Who  not  guilty  of,  §  282. 

BIG  TREE  GROVE,  act  for  protection  of,  p.   611. 

BILL:   See   Legislature. 

Altering  draft  of,  in  legislature,  §   83. 

Altering  enrolled  copy  of,  §   84. 

Making  or  littering  fictitious,  §   476. 

Making  to  circulate  as  money,  what  offense,   §   648. 

Presenting  fraudulent  to  public  officer,  §  72. 

BELL  OF  EXCEPTIONS:  See  Exceptions. 

BILL  OF  LADING,  destroying,   §  35.5. 

Duplicate,    failure    to    make    duplicate,    punishment    of, 

§  580. 
Erroneous,   issued    in    good   faith,    §    579. 
False,  §  541. 

Fictitious,  issuing,  §§  577,  578. 
Fraudulent  issue,  §§  577-580. 

BILL-POSTING  on  property  of  another,  or  on  public  prop- 
erty, §  602. 

BIRD:   See  Game  Law. 

Killing  or  injuring  in   cemetery,   §   598. 
Injuring    or    destroying    nest     or    eggs   in    cemetery,   a 
misdemeanor,    §    598. 

BIRTH,    fraudulent    pretenses    as    to,    to     secure    property, 
§    156. 

BLACKMAILING,  §   257. 

BLUE    CRANES,    capture    and    destru''.tion    of    prevented,    § 
599;  p.  608,  Stats. 

BOARD,    bribing,    §    165. 

BOARDING-HOUSE:  See  Innkeeper. 

Defrauding,   §  5.'>7. 

BOARD  OF  DIRECTORS,  of   state   prison,   §§    111,    1573. 

BOARD    OF   EXAMINERS,    incmlxTS    violating   laws,   guilty 
of  felony,  §  441. 
Expenses  of  extradition  of  fugitive,  §  1557. 


750  BOARD    OF   HEALTH— BRIBERY. 

BOARD  OF  HEALTH:   See  Public  Health. 

BOARD  OF  SUPERVISORS:  See  Supfrvisors. 
Eeceiving  bribe,  punishment   of,   §    165. 

BOAT,   word   "vessel"   includes,    §   7. 

BODY,  DEAD:    See   Cemetery. 

BOILER,    STEAM,   mismanagement   of,    §§    348,   349,    368. 

BOLINAS  BAY,  act  to  prevent  destruction  of  fish  in,  con- 
tinued in  force,  §  23. 

BOND:    See  Bail;   Undertaking. 

De  facto  officer  not  giving,  effect  of,  §  65. 
Officer  acting  without  having  given,   §   65. 
State,  acts  for  issuing  of,  continued  in  force,  §  23. 

BOOKS,  fraud  in  keeping  accounts  of  corporation   or  joint 
stock  company,  §  563. 
Inspection  of  corporation's,  refusal  of,  §  565. 
Mutilation   of,   by   public    officer,   §    76. 
Obscene,   §§  311-314. 

Eefusal  to   deliver   to  successor  in  office,   §    76. 
Stealing  by  officer,  §  113. 

Stealing  by   one   not   an   officer,   punishment,   §    114. 
Withholding  from  successor  by  officer,   §   76. 

BOUNDARY,  jurisdiction  of  crime  on,  §  782. 

BRAKEMAN,  violation  of  duty,  §  393. 

BRAKES.     Compliance  with  orders  of  supervisors  sufficient, 
§  369a. 
Duty  of  railroad  companies   to   use,   §   369a. 

BRAND,  altering,  §§  357,  3571/2. 

Statute   respecting,   not   affected  by   code,   §   23. 

BREACH  OF  PEACE,  contempt  by,  §  166. 
Jurisdiction  of  justice 's  court,   §   1425. 
Refusing  to  aid  in  preventing,  §  150. 
Security  to  keep  peace,  §§  701-714. 
See  Peace. 

BRIBERY:    See    Election. 

Arbitrator,  of,  §§  92,  93,  95. 

Candidate    for    United     States     senatorship    advancing 
money  for  election,  §  63. 


BRIBERY— BRIDGE.  751 

Candidate     for     United     States     senatorship,     receiving 
money  from,  §   63a. 

Common   council,   of,    §    165. 

Convention,   members   of,   punishment   for,   §    57. 

Corporation,  trustees   of,  bribery  of,   §   165. 

Defined,  §  7. 

Elections,  §§  53  et  seq. 

Elections,  at,  §§  54a,  54b. 

Elections,  bribery  at,  what  acts  constitute,  §§  54a,  54b. 

Executive  of3ficer  asking  or  receiving,  §  68. 

Executive  officers,  of,  §   67. 

Judges,  §§  92,  93. 

Judicial   officers,   §§    92,   93. 

Jurors,   §§   92,   93,  95. 

Legislature,  candidates  for,  receiving  money  from  can- 
didate for  United  States  senatorship,  §§   63,  63a. 

Legislature,  members  of,  §  85. 

Legislature,  obtaining  money  to  influence  vote  of  mem- 
ber of,  §  89. 

Legislature,  receiving  bribe  by  members  of,  §  86. 

Meaning  of  "bribe,"  §  7. 

Members  of  nominating  body,  bribery  of,  §  57. 

Nominating    convention,    receiving    bribe    by    member, 
punishment  of,  §  57. 

Office,  for  appointment  to,  §  73. 
.     Referees,  §§  92,  93,  95. 

Supervisors,   §   165. 

Telegraph  agent,  §  641. 

Telephone  agent,  §  141. 

Trustees,  §   165. 

Witness,  §  137. 

Witness  receiving  or  offering  to  receive,  guilty  of  felony, 

§   138. 
Witness    receiving   bribe    for   absenting   himself,    guilty 

of  felony,  §  138. 

BEIDGE,  burning,  §  600. 

Burning  bridge  over  fifty  dollars  in   value,   punishment, 

§   600. 
Injury   to,   malicious,   §   588. 
Destroying  or   injuring,   §   607. 
•  Injury  to  railroad,  §  587. 
Maintaining  without   autliority,   §   386. 


752  BRIDGE— BUTTfiR. 

Toll,  crossing  without  paying,  §  389. 
Toll,  fast  riding  or  driving  on,  §  388. 

BROKER,  false  statement  to  principal,  §  536. 
Embezzlement,   when    guilty   of,    §    506. 

BUILDING,  burning,  punishment  for,  §  600. 
Defined,  §  448. 
Inhabited,  defined,  §  449. 
Letting  for  lottery  purposes,  §  326. 

Maliciously  destroying  or  injuring  by  gunpowder,  §  601. 
Ownership  of,  in  case  of  arson,  §  452. 
Permitting  gambling,  in,  §  331. 
Scatfolding,  destroying  or  removing  notice  of  unsafety, 

a  misdemeanor,   §   402c. 
Scaffolding,    obstruction    of    officer    in    inspection    of,    a 

misdemeanor,   §   402c. 
Scaffolding,  unsafe,   erection  of  a  misdemeanor,   §  402c. 
What  deemed  to  be,  §  466.  % 

BUOY,  removal,  a  misdemeanor,  §  609. 
Mooring  vessel  to,  §   614. 
Protection  of  buoys  and  beacons,  §  609n;  p.  573,  Stats. 

BURDEN  OF  PROOF,  shifting,  in  homicide,  §  1105. 

BURGLARIOUS     INSTRUMENT,     guilty    possession    of,    § 
466. 

BURGLARY,  burglar  as  vagrant,  §  647. 

Burglarious  tools,  guilty  possession  of,  §  4  66. 

Building,  what  deemed  to  be,  §§  459,  466. 

Conspiracy  to   commit,  overt  act,   §   184. 

Defined,   §  459. 

First  degree,  §  460. 

Jurisdiction   where  property  brought  into  county,  §  786. 

Murder  in  committing,  §   189. 

Night-time,  meaning  of,   §   463. 

Punishment  of,  §   461. 

Second  degree,  §  460. 

BURIAL:  See  Cemetery. 

BUTTER.     Act   to   prevent   deception  in  sale,   §   383a,   note. 
Deception  in  manufacture  and  sale  of  butter  and  cheese, 

aci    to  prevent,  p.  574,  Stats. 
Fraud  in  sale  of,  a  misdemeanor  when,   §§   381a,  3€3. 
Process  butter,  sale  of  without  label,  a  misdemeanor,  § 
383a. 


BUTTER— CARGO.  (53 

Oleomargarine:    See   Oleomargarine. 

lienovated  butter,  sale  of  without  label,  a  misdemeanor, 

§  383a. 
Short-weight  rolls   of  butter,  act  to  prevent  sale  of,  p. 

574. 

CALENDAR,  clerk  to  prepare,  §  1047. 
Form   of,   §    1047. 
Order  of  disposing  of  issues  on,  §  1048. 

CAMPERS.     Leaving  fire  burning,  a  misdemeanor,  §  384b. 

CAMP-MEETING,  sale  of  liquor  at,  §§  304,  305. 

CANAL,   malicious  injury  to,   §§  592,  607. 

Taking  water  from,  or  obstructing,  a  misdemeanor,  § 
592. 

CixNDIDATE,  bribery  of  members  of  nominating  conven- 
tion,  §   57. 

Circulating  or  printing  circulars  injurious  to,  punish- 
ment of,  §§  62a,  62b. 

Communicating  unlawful  offer  in  behalf  of  to  voter, 
a  misdemeanor,   §   56. 

Extortion  from  candidates  for  office,  act  to  prevent,  p. 
589. 

For  legislature  receiving  money  from  candidate  for 
United  States  senator,  §  63. 

For  United  States  senate  advancing  money  for  elec- 
tion of  legislators,  §  63. 

Offering  to  procure  office  for  elector,  a  misdemeanor,  § 
55. 

See  Elections. 

CANDY,    adulterating,    §    402a. 

CAPITOL,  liquor,  sale  of,  in  vicinity,  §  172. 

Liquor  not  to  be  sold  in  state  capitol  building,  p.  623, 
Stats. 

CAPPER  is   a  vagrant,  §   647. 

CAPTAIN  of  vessel  importing  convict,  §  173. 
Willfully  destroying  vessel,  §  539. 

CARCASS,  putting  in  streams,  highways,  etc.,  §  374. 

CARGO,   destruction   of,  by  officer,   §   539. 
Pen.  Code— 48 


754  CARICATURE— CARTOON. 

CARICATURE,  offense  of  publishing,  where   tried,  §  258. 
Publishing  forbidden,   §    258. 
Publishing  of,  punishment  of,  §  258. 
Who  liable  for  publication,  §  258. 

CARRIER:  See  Railroad. 

Bill  of  lading:  See  Bill  of  Lading. 

Bill  of  lading,   destroying,  §   355. 

Bill  of  lading,  etc.,  fraudulent  issue,  §§  577-580. 

Bill  of  lading,  false,  §  541. 

Defacing  marks  on  wrecked  property,  §  355. 

Embezzlement,  when  guilty  of,  §  505. 

False  manifest  invoice,  ship 's  register,  or  protest,  pun- 
ishment of,  §  541. 

Fish,  regulations  governing  transportation  and  pun- 
ment  for  violation,  §  632a. 

Game,  transportation  of,  regulations  governing  and  pun- 
ishment for  violating,  §  627b. 

Game,  transporting  out  of  Ltate  without  permit  a  mis- 
demeanor, §  627a. 

Game,  shipment  of,  to  be  labeled,  when,  §  627b. 

Hypothecating  property  received  for  transportation,  § 
581. 

Larceny  of  tickets,  §§  493,  494. 

Passenger,  refusing  to  receive,  §  365. 

Pledge  of  property  received  for  transportation,  §§  581- 
583. 

Police,  appointment  of,  to  serve  on  railroads,  steam- 
ships,  etc.,   p.   652,   Stats. 

Refusal  to  sell  passage  tickets  for  foreign  country, 
punishment  of,  p.  591,  Stats. 

Selling  property  received  for  transportation,  §§  581, 
583. 

CARRIERS  OF  PASSENGERS.  Brakes  or  fenders,  com- 
pliance with  orders  of  supervisors  sufficient,  § 
369a. 

Brakes  and  fenders,  failure  to  use  a  misdemeanor  when, 
§    369a. 

Ticket,  pass,  etc.,  for  fare,  forging,  altering,  etc.,  pun- 
ishment, §  481. 

Tickets,  pass,  etc.,  restoring  with  intent  to  defraud, 
punishment,  §  482. 

CARTOON,  publishing  libelous,  §  258. 

See    Caricature,    §    258. 


CARTRIDGES— CHANGE    OF   VENUE.  755 

CARTRIDGES,    troops    suppressing    riot,    §    729. 
Use  of  blank,  in  suppressing  riot,  §  731. 

CASK,  refilling,  bearing   trademarks,   §   354. 
Stamping   weiglit  falsely,   §    554. 

CATTLE,  altering  brands   of,   §§   357,  357%. 

CAUCUS:    See    Bribery;    Elections. 

CAUSTIC  CHEMICAL,  assault  with,  §  244. 

CEMETERY,   arresting   dead  body,    §   295. 
Attaching    dead    body,    §    2i5. 
Bird's    nest,   or    eggs,   injuring    in,   is    misdemeanor,   § 

598. 
Bodies,    disinterment   of,   §   290. 
Bodies,    exhumation    and    removal   of,    regulation    of,    p. 

654,   Stats. 
Bodies,  mutilation  or  removal  of,  §  290. 
Body,  who   entitled   to   custody  of,  §   294. 
Burial,  punishment  for  neglecting,  §  293. 
Burial,  who  are  charged  with  duty  of,  §  292. 
Dissection,  removal  of  body  for,  §  291. 
Injuring  shrubbery,  fences,  etc.,  a  misdemeanor,   §   296. 
Interments,    unlawful,    §    297. 
Killing  or  injuring  birds  in,  §  598. 
Monument,   defacing,   §   296. 
Removal  of  body  a  felony,  §  291. 
Tomb,  defacing,  §  296. 
Unlawful  interment,  §  297. 

CERTIFICATE,  false,  by  public  officer,  §  167. 
Fire  department,  of  officers  of,  §  649. 
Making   of,   when   complete,   §    124. 
Of  officer,  to  false  jury  list,  "§  117. 
Of    exemption,    officer   of    fire    department    issuing   false, 

§    649. 
Of  magistrates  on  depositions,  §  1394. 
Of  probable  cause,  §§  1243-1245. 

CHALLENGE:   See  Jury;   Grand  Jury. 

CHALLENGING  TO  FIGHT,  disturbing  peace,  §  415.  . 
See   Duel;   Prize-Fight. 

CHAMPERTY,   §   161. 

CHANGE  OF  VENUE:  See  Venue. 

25 


756  CHARGE— CHILD. 

CHARGE:    See   Instructions. 

CHARITABLE    CORPORATION,    committing    infant    delin- 
quents to,  §  1388. 

CHATTEL,   persona]   property  includes,  §   7. 

CHATTEL  MORTGAGE,  fraud  in  transferring  encumbered 

personalty,   larceny,   §    538. 
Further  encumbrance  or  sale,  larceny  when,  §  .538. 
Removal  of  property  without  consent,  larceny,  §  .538. 
Removal,   sale   or   further   encumbrance,   punishment   of, 

§   ^338. 
Transferring   or   disposing  of  property    without   consent, 

larceny,  §  537. 

CHEAT:   See  False  Personation;  False  Pretense;  Fraud. 
Conspiracy  to,  §  182. 

False  weights  and   measures,   §§   522-555. 
Indictment   or  information,   §   967. 
Selling  land  twice,  §  533. 

CHECK,  forgery  of,  §  470. 

Making  or  uttering  fictitious,  §  476. 
Making,  to  circulate  as  money,  §  648. 

CHEESE,  fraud  in  sale  of,  §  381a. 

Deception     in     manufacture    and    sale     of     butter      and 
cheese,  act  to  prevent,  p.  574. 

CHEMICALS,    caustic,    assault   with,    §   244. 

CHIEF  JUSTICE   liable  to  impeachment,  §   737. 

CHILD:    See    Infants;   Parent   and   Child. 
Abandonment  of,  §  271. 
Abduction  of,  for  prostitution,  §   267. 
Apprenticing    or    selling    children     for     exhibitions,     as 

mendicants  or  for  immoral  purposes,  p.  614. 
Begging    by,    prevention    aud    punishment    of,     p.     617 

Stats. 
Cruelty  to,  incorporation  of  societies  for  prevention  of 

p.  612,  Stats.  ' 

False  pretenses  as  to  birth  of,  §   156. 
Hiring  of,  for  public   exhibitions,  §   272. 
Incapable  of  committing  crime,  when,  §  26. 
Intoxicating  liquors,   selling  or  giving  to,  pp.   619,   620 

Stats. 


CHILD— CLERK.  757 

Necessaries,  omitting  to  provide  with,  §  270. 
Permitting    use    of,    for    mendicancy,    a    misdemeanor,    8 

272.  ^ 

Saloon   or  place   where   liquor  sold,  not   permitted   in,  p. 

617,    Stats. 
Substituting  one  fer  another,  §  1.57. 

fiHILD-STEALING,  §§  278,  784. 

Jurisdiction  of,  offense  of,   §   784. 

CHINESE,  bringing  into   the  state,   §§   174,   175. 
(Corporations  not  to  employ,  §§  178,  179. 
Employment  of,  a  misdemeanor,  §   179. 
Houses  of  ill-fame   of,   acts   continued  in   force,   §   23, 
Fishing,  prohibited  from,  p.  603,  Stats. 
Importation    of    Chinese    women    for    immoral    purposes, 

§  266c;   p.   653,   Stats. 
Second  conviction  of  corporation   for  employing,   §    179. 
Separate  offense  for  each  one  landed,   §  175. 

CHLOROFORM:    See   Drugs. 

CITIZENSHIP,    restoration    to,    when    prisoners    discharged, 
§    1593. 

CITY,    acts   consolidating   cities    and    counties,    continued   in 
force,  §  23. 

CIVIL  DEATH  of  convict,  §§  673-675. 
Conveyances  by  prisoner,  §  675. 
Witness,  prisoner  as,  §  675. 

CIVIL  REMEDIES,  preserved,   §   9. 

CLAIM,    presenting    fraudulent    to    public    officer,    §    72. 

CLERK,  appeal,   duties  on,   §    1246. 

Calendar,  to  prepare,  §  -1047. 

Disclosing  fact  of  indictment,  §    KiS. 

Duty  in  regard  to  money,  etc.,  taken  from  prisoner, 
§   141.3. 

Duty  of,  on  appeal   taken,   §    1246. 

I'^mbezzlement,  when  guilty  of,  §  508. 

Failure  to  pay  over  fines  and  forfeitures  a  misde- 
meanor, §  427. 

Of  state  prison,  duty  of,  §   1578. 

To   prepare  calendar,   §   1047. 

To  record  what,  with  judgment,   §    1207. 


758  COAL— COMMMISSION. 

COAL,  false  weight,  giving,  §  555. 

COAL    TAR,    discharging    into    waters,    a    misdemeanor,    § 
3741/^. 

COCAINE:   See  Drugs;   Narcotics.       ^ 

CODEFENDANTS,  as  witnesses,  §  1099. 
]Must  unite  in  challenges,  §  1056. 

CODES,   acts   punishable   by   diflPerent   provisions   of,   §    654. 
Cited  how,  §  24. 
Civil  remedies  preserved,  §  9. 
Construction  of  particular  words  in,  §  7. 
Construed  liberally,  §  4. 
Continuation  of  existing  law,  §  5. 
Designated   how,   §   24. 
Divisions  of,  §   1. 
Effect  of,  on  past  offenses,  §  6. 
Extraterritorial   force   of,   §    27. 

No   offense   punishable   except   as   prescribed    in,    §    6. 
Eetroactive,  not,   §  3. 
Sections    declaring    crimes    punishable,    dutv    of    court, 

§  12. 
Statutes  continuing  in  force,  enumeration  of,  §  23. 
Takes  effect  when,  §  2. 
Title  of,  §   1. 
Words  in  construction  of,  §  7. 

CODICIL,  will  includes,  §  7. 

COIN,  counterfeiting,  §  477. 

Possessing   or   receiving   counterfeit,    §    479. 
See  Counterfeiting. 

COLLISION,   negligent   death   from,   punishment,   §   369. 

COLLUSION,  attorney,  by,  §   1-60. 

Superintendent  of  'State  printing,  by,  §  100. 

COMMANDER-IN-CHIEF,    calling    troops    into    service    to 
suppress  riot,  duty  and  liability,  §  731. 

COMMISSION:  See  Deposition. 

Application,   affidavit   for,  what   to  state,    §    1352. 
Application,  notice  of,   §   1353. 
Application,   to   be   made  on  affidavit,   §   1352. 
Application,  to  whom  made,  §   1353. 


COMMISSION— COMMITTEE.  759 

Copies  to  be  furnished  on  payment  of  fees,  §  1361. 
Defendant    may    apply    for    order    to    examine,  '  when 

§  1350.  '  ' 

Defined,  §   1351. 
Deposition,    reading    in    evidence    and    obiections    to     S 

1362.  '    * 

Directions  as  to  return  of,  §  1356. 
Duties  of  commissioner,   §   1357. 
How  executed,  §  1357. 
How  returned,   §§   1358,   1359. 
How  returned  when  delivered  to  agent,   §   1358. 
How  returned   when  agent   to   whom   delivered   dead   or 

ill,   §   1359. 
How,  when,  and  where  filed,   §   1360. 
Interrogatories     and     cross-interrogatories,     preparation 

and  service,  §  1355. 
Interrogatories     and    cross-interrogatories,     presentment 

and  allowance,  §   1355. 
Order  for,   when  to  issue,   §   1354. 
Stay  of  proceedings  pending  return,  §  1354. 
To  be  open  for  inspection,  §   1361. 
Witness  out  of  state  may  be  examined  on,  when,  §  1349. 

COMMISSION  MERCHANT:  See  Taetor. 

COMMITMENT,    defendant    under   bail    appearing   at    trial, 

commitment   of,   §   1129. 
Form  of,  §§  863,  872,  877. 
Fugitives,  of,  from  justice,  §§  1550,  1551. 
How   made,  and   to   whom  delivered,   §   876. 
Information,  to  be  filed  within  what  time  after,  §   809. 
Insane  defendant,  of,  to  asylum,  §   1370. 
May  be  to  peace  officer  if  sheriff  not  present,  §  863. 
Postponement,  for  examination,  §   862. 
Order  for  where   offense   not   bailable,   §    873. 
Order  for  bail  on,  §  875. 
Preston  School  of  Industry,  pp.  657  et  scq. 
Preston    School    of    Industry,    commitment    to,    p.    686, 

Stats. 
To  whom  made  in   absence  of  peace   officer,   §   863. 
When  and  how  made,  §   872. 

When  defendant  on  bail  appears  for  trial,  §  1129. 
Whittier  State  School,  p.  669,  Stats. 
Whittier  State   School,   commitment   to,   p.   686,  Stats. 
Witness  refusing  to  give  security,  §  881. 

COMMITTEE,    influencing   member   not    to   attend   meeting, 
§  85. 


760  COMMON    BARR  \TRT— CONSIGNEE. 

COMMON  BAERATPvY,  §§  158,  159. 

COMMON   CARRIER:   Sec  Carrier. 

COMMON  COUNCIL,  bribery  of,  §   165. 

COMMON  LAW.  rule  of,  strict  construction  not  applicable, 
§   4. 

COMMUNICATION,   unauthorized,   with    convict,    §    171. 

COMMUTATION  by   governor,  in   general,   §§   1417-1422. 
Prisoner  may  earn,  §§  1590,  1591. 

COMPLAINT:   See  Information;   Accusation. 

Before  magistrate,  of  threatened   offense,   §   701. 

See   Supervisors. 
Crueltv   to   animals,   in   case  of,   issuance   of   warrant,   § 

"5993. 
Defined,  §  806. 

Deposition  of  prosecutor  and  witnesses  on,  §  811. 
Examination  of  prosecutor  and  his  witnesses  onj  §  811. 
Justice 's  or  police  court,  in,   §   1426. 
Proceedings  on   filing   of,   before   magistrate,    §    811. 

COMPOUNDING  crime,   punishment  for,   §    153. 

COMPROMISE,   actions   that   may  be   compromised,   §    1377. 
Court,  by  permission  of,   §   1378. 

Court,  by  permission  of,  order  what   to  state,   §   1378. 
Order   thereon   bar    to    another   prosecution,    §    1378. 
Public   offense   cannot   be   compromised,   except,   §    1379. 

CONCEALMENT  of  property  by  debtor,  §  154. 
Of  property'   by   defendant,    §    155. 
Of  person  charged  with  crime,   §  32. 

CONCUBINAGE,    enticing    or    taking    awav    woman    for,    § 

784. 

CONDUCTOR  of  train,  intoxication  of,   §  391. 
Violation  of   duty  by,  §   393. 

CONFLICT   OF  LAWS,   offense   committed   out   of  state,   §§ 

27,  655,   778. 

CONSANGUINITY,  juror's,   disqualifies,   §   1074. 
CONSENT,   age   of,   in  case  of   rape,   §   261. 
CONSIGNEE,  false  statement  by,  §  536. 


CONSPIRACY— CONTEMPT.  76. 

CONSPIRACY,  arrest,   to,   §    LS2. 
Cheat,   to,   §    182. 
Defined,  §  182. 
Defraud,   to,  §   182. 
Disguise,    wearing   forbidden,    §    185. 
Enumeration   of  acts  constituting,   §§    182,    183. 
Evidence  to  prove,   §   1104. 
Indict,  to,  §   182. 

Indictment   or  information,   allegations  in,   §    1104. 
Indictment,  or  information,  alleging  overt  act,  §  1104. 
Meaning  of,  limited  in   disputes  between   employer  and 

employee,  p.  581. 
-  Overt   act,  when   necessary,   §§    184,   1104. 
Punishment,   §  182. 
Telegraph  message,  respecting,  §  474. 
To    cheat    or    defraud,    indictment    or     information    for, 

§  967. 
To   commit    act    injurious    to     public    health    or   morals, 

§   182. 
To   commit   any   crime   against  president,  vice-president, 

any    governor,    or    federal    judges    or    executive 

secretaries,  p.  582,  Stats. 
What    not   punishable,   §    184. 

CONSTABLE,    neglecting    to    pay    over    fines,    §    427. 
Peace   officer,   sheriff  is,   §   817. 
Purchasing  judgment,   §   97. 
Suffering  prisoner  to   escape,   §   108. 
Warrant  of  arrest  directed  to,  §  818. 

Eefusal  to  receive  or  arrest  person  charged  with  crime, 
§  142. 

CONSTRUCTION,    code   continuation   of   existing   law,    §   5. 
Code,  effect  of,  on  past  offenses,  §  6. 
Code  liberally  construed,  §  4. 
Phrases,  in  general,  §  7. 
Technical  words,   §  7. 
VAords,  in  general,  §  7. 
Words,   of   particular,   §   7. 
Words  used  in   indictment   or   information,    §§   957,   958. 

CONTAGIOUS   DISEASE,   exposing   infected   aiiiinal,   §   402. 
Ivxposiiig  infected   person,   §   394. 

CONTEMPT,   affidavit   as  to   punishment   to   be   imposed   on 
|)risoncr,    §    1()G. 
Breach  of  peace,  §   J(i(). 
Code  preserves  power  to  punish,  §  11. 


762  CONTEMPT— CONVICT. 

Criminal,    enumeration   of   acts   constituting,    §    166. 

Grand   juror   acting  after   cliallenge,   §    900. 

Mitigation   of  punishment,   §   658. 

Process,  disobedience  to,  §   166. 

Publication  of  inaccurate  proceedings  of  court,  §  166. 

Punishment   for   as   mitigation   on   sentence,    §    658. 

Punishment   of  where   act   a   crime,   §    657. 

Eeferee,  before,  §  166. 

Refusal  of  witness  to  be  sworn  or  to  testify,  §  1331. 

Resisting  execution  of  process,  §  724. 

Subpoena,   disobeying,   §   1331. 

Testimony  as  to  punishment  to  be  imposed  on  prisoner, 

§    166. 
Witness,  by,  §  166. 

CONTINUANCE    and   discharge    from    custody,    §    1383. 
Ordered,  when  and  how,   §  1052. 

See  Adjournment. 

CONTRACT,  officer  illegally  interested   in,   §   71. 

CONTROLLER,  violating  duties  a  felony,   §   441. 
Impeachment,   liable   to,    §    737. 

CONVENTION:   See  Election. 

CONVERSION,    receiving    property    under    false    charactei 
for  purpose  of,  §   530. 

CONVEYANCE,  civilly  dead,  by  one,  §  675. 
Fraudulent,  §§   154,  531. 
Forgery  of,  §  470. 

Married  person,   by,  under  false  representations,   §   534 
Twice  selling,  §  533. 

CONVICT,  civil  rights  of,  suspended,  §  673. 

Civil  death  of  one  imprisoned  for  life,   §   674. 
Commutation  of  sentence  may  be  earned,  §§  1590,  1591; 

p.  702,  Stats. 
Conveying  property^,  §  675. 
Costs   of    trial    of,   for   crimes   committed    in    prison,    p. 

588,  Stats. 
Costs  of  trial  of  escaped  convicts,   p.  588,  Stats. 
Credits  for  good  behavior,  §§  1590,   1591;   p.  702,  Stats 
Cutting  hair  of  prisoner,  p.    719,   Stats. 
Enceinte,   proceedings   where   prisoner  is,   §§    1225,   1226. 
Fine  may  be  imposed  on,  §  672. 


CONVICT— CONVICTION.  76S 

Foreign,  importing,  distinct  offenses,   §   175. 

Forfeitures  by,  §  677. 

Importing,  §§  173,  175. 

Imprisonment  for  life,  discretion  as  to  sentence,  §  671. 

Imprisonment,  term  of,  when  commences,  §  670. 

Insanity,  proceedings  in  case  of,  §§   1221,   1224. 

Person  of,  protected,  §  676. 

Person  of,  punishment  for  injury  to,  §  676. 

Photographs   and   description   to   be    given   sheriffs   and 

chief  of  police,  p.   583,  Stats. 
Stone-cutting  by,  forbidden,  §  1588. 
Transportation  of,  to  state  prison,  §   1586. 
Unauthorized  communication  with,  §   171. 
Witness,  as,  §  675. 

See  Prisoner. 

CONVICTION,  corporations,  of,   fine   how  collected,   §   1397. 

Defendant  can  be  convicted  of  but  one  offense  charged 
in  indictment,   §   954. 

Felony,  of,  ground  of  challenge  to  juror,  §  1072. 

Fine,  imposing  upon  conviction  where  no  fine  prescribed, 
§  672. 

Foreign,  effect  of,  §  656. 

Foreign,  for  former  offense,  effect  of,  §  668. 

Forfeiture  of  property  not  worked  by,  §  677. 

Former:    See   Former   Jeopardy. 

Higher  offense,  effect  of,  §  1023. 

How  obtained,   §   689. 

Impeachment,  two-thirds  necessary  to  conviction  on,  § 
746. 

Judgment  on:   See  Judgments. 

Judgment  of  cannot  be  entered  on  informal  verdict, 
§  1162. 

Jury  to  find  on  charge  of  previous,  §  1158. 

Lesser  offense  or  attempt  of,  §  1159. 

No  one  to  be  convicted  except  after  what  proceed- 
ings, §  689. 

No  person  to  be  punished  except  on  legal,  §  681. 

On   uncorroborated    testimony   of   accomplice,    §    1111. 

Prior,  how  charged  in  indictment  or  information,  §  969. 

Prior' not  more  than  two  to  be  charged,  §  969. 

Proceedings  on  general  verdict,  §  1445. 

Public  officers,  of,  proceedings  on,  §  769. 

Eeasonable  doubt  as  to  degree  convicts  only  of  low- 
est, §  1097. 

Second  offense,  how  punished,  §  666. 


764  CONVICTION— CORONER. 

Two  or  more  crimes,  term  of  imprisonment  commences, 

when,   §   669. 
Verdict  on  plea  of  former,  §  1151. 

CONVICT-MADE  GOODS,  sale  of,  §  679a. 

Stone-cutting,  etc.,  by  prisoners  prohibited,   §   1588. 
See    Prisoners. 

COPYRIGHT.  Opera,  unpublished  or  uncopyrighted,  pun- 
ishment  for  performing  without   consent,   §    367a. 

Opera,  unpublished  or  uncopyrighted,  punishment  for 
sale  without  consent,  §  367a. 

Unpublished  or  uncopyrighted  opera,  performance  with- 
out consent  a  misdemeanor,  §  367a. 

Unpublished  or  uncopyrighted  opera,  sale  of  without 
consent,   a    misdemeanor,    §    367a. 

CORONER,  assistants  in  cities  and  cities  and  counties  over 

one  hundred  thousand,  p.  586,  Stats. 
Chemical  and  post-mortem  examinations,  p.  585. 
Custody  of  body,  when  entitled  to,  §  294. 
Duty,  when  informed  of  death,  §  1510, 
Exhumed,  body  to  be  when,   §   1510. 
Expenses    of    inquests    in    state 's    prison,    payment    of, 

p.  720,  Stats. 
Inquest,  adjournment   of,   §    1511b. 
Inquest,   but   one    to   be    held,    §    1511a. 
Inquest,  but  one  to  be  held  where  several  killed  by  same 

cause,    §    1511a. 
Inquest,  hearing  and  deliberation,  §  1511b. 
Inquest,  jury   to   view   bodv  before   proceeding  with,    § 

1511b. 
Inquest,   second   inquest    where    mistake    in    identity   of 

body,   §   1511a. 
Jury,  challenge   to  jurors  not  allowed,   §  1510. 
Jury,  exemptions  from  duty,  §   1510. 
Jury,   number  of,   §    1510. 
Jur}-,  qualifications  of  jurors,  §  1510. 
Jury,  when  to  be  summoned,  §  1510. 
Jury,  who  not  to  act  as  juror,  §  1510. 
Oath  of  jurors,  §   1511. 
Physician  may  be  summoned,  §  1512. 
Physicians   and  surgeons,   attendance   and   compensation, 

p.  585,  Stats. 
Physicians  to  perform  autopsies  in  counties  of  first  class, 

p.  583,  Stats. 
Post-mortem    examination,    §    1512. 


CORONER— CORPORATION.  '  i6i 

Eecognizauces  taken  by  to  be  filed,  §  1515. 

Refusing  to  arrest  or  remove  party  charged  with  erinie, 

§    1-12. 
San  Francisco,   act  in  relation   to    coroners  in,   §§    1510, 

1511,   1511a,   1511b,   1512,   1514a,   1515,  note. 
San  Francisco,  coroners  in,  p.  586,  Stats. 
Stenographer    in    cities    and    counties    over   one    hundred 

thousand,  p.  584,  Stats. 
Subpoenas,  may  issue,  §  1512. 
Testimony  to  be  reduced  to  writing,  §  1515. 
Testimony,  where  filed  or  delivered,  §§   1515,   1516. 
Verdict  to  be  in  writing,  §   1514. 
Verdict,  what  to  contain,  §   1514. 
Warrant,  form  of,  §   1518. 
Warrant,   service   of,   §    1519. 
Warrant,  when  to  issue,  §  1517. 
Witness,  compelling  to  attend,  §  1513. 
Witnesses,  binding  over  to  appear  before  grand  jurv    S 

1514a. 
Witnesses,   compelling  attendance   of,   §   1513. 
Witnesses,  may  subpoena,  §  1512. 
Witnesses,   punishment   for   disobedience   of   subpoena,   § 

1513. 
Witnesses,  testimony  to  be  written  and  filed  with  county 

clerk,  §   1515. 
Witnesses,  who  to  be  examined  as,  §   1512. 
Witnesses,  summoning  and  examining,  §   1512. 

CORPORATION,  accounts,  fraud  in,  §  563. 

Act  to  protect  stockholders  and  persons  dealing  with, 
§  564,   note. 

Appearance   on   indictment,   §    1396. 

Appearance,  failure  to  make,  proceedings  on,  §  1396. 

Appearance,  time   for,  §   1390. 

Banking:    See    Bank. 

Bribing  trustees,  §  165. 

Chinese,   corporation    employing  forfeits   cliartcr,    §    179. 

Chinese,  employment  of  bv,  a  misdemeanor,  §§  178, 
179. 

Cruelty  to  animals:   See  Cruelty  to  Animals. 

Director  absent,  when  presumed  to  assent  to  proceed- 
ings, §  570. 

Director  at  meeting  presi.Tned  to  assent  to  proceed- 
ings,   §   569. 

Director,  defined,  §  572. 


766  '  CORPORATION— CORPSE. 

Directors,    guilty    of    misdemeanor,    when,    §    560. 

Director  presumed  to  have  knowledge  of  affairs,  §  568. 

Examination   of  charge   against,   §   1393. 

Examination  of  charge  against,  certificate  of  magistrate 
and  return  of  deposition,  §  1394. 

Failure  to  keep  books  or  post  notices,  a  felony,  §  56i. 

False  reports  by  officers  or  agents  a  felony,  §  564. 

False  report  of  condition,  §  564. 

False  statement  by  officer  a  telony,  p.  587,  Stats. 

Fine   of,    and    collection   thereof,   §    1397. 

Foreign,  no  defense     that  corporation  is,  §  571. 

Fraud  in   accounts  of,  §  563. 

Fraud,  in  increasing  capital,   §  558. 

Fraud  in  organizing,  §  558. 

Fraudulent  subscription  to  stock,  §  557. 

Grand  jury  to  investigate,  when,  §  1395. 

Infant  employees  not  to  be  sent  to  questionable  re- 
sorts,  §   1389. 

Information,   district  attorney  to  file,  when,  §   1395. 

Inspection  of  books,  refusal  of,  §  565. 

Intimidation  of  employee  at  election,  punishment  of,  § 
59. 

Labor  organization,  coercing  persons  not  to  join,  §  679. 

Legal  dut}-,  failure  of  officer  to  obey,  a  felony,  §  564. 

Misdemeanors,   what   acts  of  directors   are,   §   560. 

Notice  required  by  law,  failure  of  officer  to  post,  a 
felony,   §   564. 

Offense  by,  failure  to  appear,  proceedings  on,  §   1427. 

Offense  by,    summons  to  issue,  §  1427. 

Offense  by,  summons  against,  service  of  and  proceedings 
on,  §  1427. 

Person  includes,  §  7. 

Prospectus,  unauthorized  use  of,  §  559. 

Eailway:   See   Eailroad. 

Reports   of    condition,    false,    §   564. 

Savings  bank,  overdrawing  deposit  by  officer  a  misde- 
meanor, §  561. 

Seals  of,  forgery  of,  §   472. 

Summons,  service  of  on,  manner  of,  §  1392. 

Summons  on,  service  of,  time  of,  §  1392. 

Summons  to,   upon   information   or   presentment,   §   1390. 

Summons  to,  form  of,  §  1391. 

Waters,  befouling,  §  374%. 

CORPSE:   See  Cemetery. 


CORROBORATION— COUNTERFEITING.  767 

CORROBORATION  of  accomplice,  §  1111. 
Sufficiency  of,  §  1111. 

CORRUPTLY,   defined,   §    7. 

COSTS,  escape,  of  trial  for,  §  111. 

Escaped  convicts  of,  trial  of,  p.  588,  Stats. 

Exj^enses  of  coroners'  inquests  in  state  prison,  p.  720. 

Stats. 
Justice's  court,   in,  §    1448. 
Order  for  prosecutor  to  pay,  §  1447. 
Posse    eommitatus,    of    supervisors    authorized    to    pay, 

p.  723,  Stats. 
Trial  of  convicts  for  crimes  committed  in  state  prison, 

p.  588,  Stats. 
Trial  of  persons  violating  fish  law,  p.  602,  Stats. 
When  prosecutor  to  pay,  §  1448. 

COUNSEL:    See    Attorney. 

COUNTERFEITING,  acts   amounting  to,   §  470. 
Bills  and   notes,  passing  or  receiving,  §  47a. 
Coin,  bullion,  etc.,  §  477. 

Coin,  bullion,  etc.,  possession  or  receiving  of,  §  479. 
Dies  or  plates,  making  or  possessing,  §  480. 
Dies  or  plates  to  be  destroyed,  §  480. 
Evidence   of,   §   1107. 

Fictitious  bills,  notes,  etc.,  making,  passing,  etc.,  §  476, 
In  general,  §  470. 
Instruments  subject  of,  §  470. 
Paper   money,    issuing   or   circulating,    ^    648. 
Passing  counterfeit  matter,  §  470. 
Possessing    or    receiving    counterfeit    coin,    bullion,    etc., 

§    479. 
Punishment  of,  §§  478-482. 
Quicksilver  stamp,  of,  §  366. 
Railroad  ticket,  check,  etc.,  §  481. 

Railroad  ticket,  check,  etc.,  restoring  canceled,  §  482. 
Seals   of,  §   472. 
Trademark,   §§   350,   353. 
Uttering  counterfeit  coin,  etc.,  §  479. 
littering  counterfeit  matter,  §  470. 
See  Forgery. 


768  COUNTY— COURT. 

BOUNTY,  acts  consolidating  cities  and,  etfcct  <>C  c  )-\c  vm, 
§  23. 

Jurisdiction  of  offense  committed  du  boundaries  be- 
tween counties,  §  782. 

.Jurisdiction  wliere  offense  partly  in  one  county  aad 
partly  in  another,  §   781. 

Offense  committed  on  boundary  between  jurisdiction 
of,   §    782. 

Printing  transcripts  a  county  charge,  §  1246. 

COUNTY   CLERK:    See   Clerk. 

COUNTY  JAIL:   See  Jail. 

Designating    jail    of    contiguous    county    where    no    jail 

in    county,    §    1603. 
Hair     cutting    of    persons    convicted    of    misdemeanor,    § 

161.5. 
Revocation   or  modification   of   order  for   confinement  in 

jail  of  contiguous  county,  §§  1603,  1605. 
Unfit   or   unsafe,    designating   jail    of   contiguous    county 

for  confinement,   §    1603. 

COUNTY    TREASURER,    delivery    of    unclaimed,    stolen,    or 
embezzled  jiroperty  to,  §  1-±11. 
Receiving  deposits  of  private  moneys,  §  180. 

COURT,  absence  of  jury,  adjournment  during,  §  1142. 

Absence  of  jurv,  deemed  open  for  business  until  ver- 
dict,  §   li42. 

Adjournment  of:  See  Adjournment. 

Admonition  to  jury  not  to  converse,  §   1122. 

Argument,  power  to  restrict,  §   1095. 

Assault  in  presence  of,  security  may  be  required,  §  710. 

Authority  of,  to  which  an  action  is  removed,  §  1038. 

Calendar,  in  general,  §§  1047,  1048. 

Calendar,  order  of  disposing  of  cases  on,  §  1048. 

Challenges,   to   try,   §    1078. 

Destroying,  stealing,  falsifying,  mutilating,  etc.,  rec- 
ords of,  punishment  of,  §§   113,  114. 

Juvenile  court:  See  Juvenile  Court. 

May  arrest  judgment  without  motion,  §  1186. 

May  order  reconsideration  of  verdict,  when,  §  1161. 

May  appoint  counsel  in  absence  of  district  attorney,  § 
1130. 

May  make  order  of  dismissal  of  action,  §§  1382,  1385. 


COURTS-MARTIAIj— CRIME.  769 

COUETS-MAE.TIAL,  code  preserves  authority  of,  §  11. 

CBAXES,  blue,   act   to  prevent  capture   and  destruction   of, 

§  599,  note. 
Injuring  or  destroying  birds  or  nests  a  misdemeanor,  § 

599. 
Injuring  or  destroying  birds  or  nests,  punishment  of,  § 

599. 
May    make    summarv    inquiry    for    mitigation,    etc.,    § 

1203. 
Must  decide  questions  of  law,  §§  1124,  1126. 
Must  give  judgment  on  special  verdict,  how,  §   1155. 
Power  of,  to  restrict  argument,  §  1095. 
Proceedings  in  case  where  has  not  jurisdiction,  §§  1113, 

1114,  1115. 
See  Justice's  Coui't;  Superior  Court. 

CRABS,  closed  season,  §  628. 

Possession,    purchase    or    sale    during    closed    season,    § 

628. 

CRAWFISH,  closed  season,  §  628. 

Possession  during  closed  season,  §  628. 

CREDIT    for   good   behavior   of   prisoners    allowed,    §§    1590, 
1591;    p.    702,   Stats. 
How  forfeited,  §  1591. 

CREDITOR,  attempting  to  defraud,  §   154. 
See  Fraud. 

CRIME:    See  Felony;  Misdemeanor. 

Accident  or  misfortune,  crime  committed  through,  §  26.. 
Act  not  less  punishable  because  a  contempt,  §  657. 
Classified,  §  16. 
Confmitted  out   of   state,   when   pvinisliable  within   state, 

§  27. 
Compounding,    §    153. 
Conflict  of  laws,  §  27. 
Defined,  §   15. 

Duress,   crime   committed  under,  §  26. 
Felony,    defined,    §    17. 
Felonies:    See  Felony. 
How  prosecuted,  §   682. 
Ignorance  as  affecting  liability,  §  26. 
Infant's  liability  for,   §   26.- 
Pen.  Code— 49 


770  CRIME— CRIME    AGAINST    NATURE. 

Intent,  how  manifested,  §  21. 

Intent,  want  of,  §  26. 

Is  felony  or  misdemeanor,  §  16. 

Jurisdiction  of,  committed  in  the  state,  §  777. 

Jurisdiction    of,    commenced    out    of    and    completed    in 

the  state,  §  778. 
Jurisdiction,  committed  in  railroad  train,  §  783. 
Jurisdiction    of,    committed    partly    in    two    counties,    § 

781. 
Jurisdiction  of,  committed  on  boundary  line,  §  782. 
Jurisdiction  of,  committed  on  vessel,  §  783. 
Jury  to  find  degree  of,  §  1157. 
Lawful    resistance    to    commission    of,    who    may    make, 

§  692. 
Lawful  resistance  by  party  injured,  §  693. 
Lawful  resistance  by  other  persons,  §  694. 
Married  woman  committing  under  coercion,  §  26. 
Menace,  crime  committed  under,  §  26. 
Misdemeanor,  defined,  §  17. 
Misdemeanor:  See  Misdemeanors. 
Mistake  as  affecting  liability,  §  26. 
No  person  punishable  except  on  conviction,  §  681. 
Officer  refusing  to  arrest  for,  §  142. 
Out  of  state,  §  27. 
Prevention  of,  manner  of,  §  697. 
Parties  to,  classification  of,  §  30. 
Persons  liable  to  punishment,  §  27. 
Prosecuted,  how,  §  682. 
Punishment,  in  general,  §§  12,  13,  18,  19. 
Punishment  when  no  penalty  prescribed,  §  177. 
Public  officer  convicted  of,  forfeits  office,  §f  88,  98. 
Punishable  under  foreign  law,  §  655. 
Eestraint  allowed,  of  person  charged  with,  §  688. 
Threatening  to  accuse  person  of,  §  519. 
Threats,  crime  committed  under,  §  26.  , 

Unconsciously   committing,  liability   for,   §   26. 
Unity  of  act  and  intent  in  commission  of,   §  20. 
"When  degree  of,  depends  on  value,  what  currency  to  be 

estimated,   §   678. 
Who  capable  of  committing,  §  26. 
Who  liable  for  punishment,  §  27. 

CRIME    AGAINST   NATURE:   See    Sodomy. 

Anj'  penetration  sufficient  to  complete,  §  287. 
Assault  to  commit,  punishment  of,  §  220. 
Punishment  of,  §   286.* 


CRIMINAL.  ACTION— CRUELTY    TO   ANIMALS.  771 

CEIMINAL  ACTION:   See  Action. 

CRIMINAL  CONTEMPT,  enumeration  of  acts  constituting, 
§    166. 

See  Contempt. 

CRIMINAL   NEGLIGENCE:    See   Negligence. 

CROP,  malicious  injury  to,  §  604. 

CROSSING,  omitting  to  give  warning  at,  §  390. 

CRUELTY,   animals,   to:  See   Cruelty   to    Animals. 
Children,    to:   See   Parent    and   Child. 
Children,   to,   apprenticing  or   selling  for  illegal   or   im- 
moral purposes,   p.  614,  Stats. 
Children,    to,   incorporation   of   societies   for   prevention 

of,  p.  612,  Stats. 
Lunatics,   to,   §   361. 
Prisoner  by  officer,  to,  §  147. 

CRUELTY   TO   ANIMALS.     Abandoned   animals,    duty   and 

rights  of  humane  officer,  §  597f. 
Abusing  or  failure  to  provide  for,  §  597. 
Act  to  prevent,  §§  597,  597a,  599a,  599b,  599d,  notes. 
Carrying  animal   in  vehicle  in  cruel  manner,   §   597a. 
Carrying    animal   in    cruel    manner,    seizing   and    caring 

for  vehicle  and  contents,  §  597a. 
Complaint,  warrant  to  be  issued  on,  §  599a. 
Corporation,   knowledge   and  acts  of  agent,  eifect  of,   § 

599b. 
Docking  tail  of  horse  a  misdemeanor,  §  599d. 
Duty  to  kill  on  notice  from  officer,  §  599e. 
Failure   to   kill   on   notice   from  officer  a   misdemeanor, 

when,  §   599e. 
Fighting,    causing,    permitting    or    witnessing,    §§    597b, 

597c. 
Fighting,  officer  may  enter  and  arrest  without  warrant, 

§   597d. 
Impounded,  animals,  failure   to  feed,  §  597e. 
Impounded,    right    to    enter    and    feed     and    charge     to 

owner,  §  597e. 
Malicious  killing,  injury  to  or  maimiflg  of,  §  597. 
Meaning   of   words   "animal,"    "torture,"   "torment," 

"cruelty,"  "owner"  and  "person,"  §  599b. 


772  CRUELTY    TO    ANIMALS— DAIRY    PRODUCTS. 

Neglected  or  disabled  animals,  duties  and  power  of  hu- 
mane officer,  §  597f. 

Neglecting  animal  left  within  inclosure,  §  597f. 

Provisions  relating  to  do  not  affect  what  acts,  §  599c. 

Provisions  i-elating  to,  what  laws  not  affected  by,  § 
o99e. 

Act  for  prevention  of,  p.  561,  Stats. 

Corporations  to  prevent,  formation,  powers  and  duties 
of,  p.  561,   Stats. 

Use  of  bristle  or  tack  bur  or  similar  device  prevented, 
p.    569,    Stats. 

CRUELTY    TO   CHILDREN;    See    Parent    and    Child. 

CUBIC  AIR  LAW,  act  relating  to,  §  401a,  note. 

Number  of  cubic  feet  required  for  each  person  in  lodg- 
ing-house, §  401a. 
Number   of   cubic   feet   of   air  for   each   person,   p.    632, 

Stats. 

CUSTODY,   involuntary   servitude,   holding  one   in,   §    181. 
See    Involuntary   Servitude, 
Indictment    against    defendant,    not    in,    proceedings   on, 

§   945. 
Ordering  defendant  into  an  arraignment,  §  986. 
Retaking  goods  from  custody  of  officer,  §  102. 

DAIRIES.     Butter:    See   Butter. 

False  tests,  district  attorney  to  prosecute  persons  mak- 
ing, §  381b. 

False  tests,  state  dairy  bureau  to  prosecute  offenders,  § 
381b. 

State  dairy  bureau,  duty  to  supply  apparatus  for  test- 
ing," §    381b. 

State  dairy  bureau,  examination  and  marking  of  test- 
ing apparatus,  §   381b. 

State  dairy  bureau  to  examine  testing  apparatus,  §  381b. 

State  dairj^  bureau  fees  for  testing  apparatus  and  dis- 
position  of,   §   381b. 

DAIRY  PRODUCTS,  false  tests  of,  a  misdemeanor,  §  381a. 
Fraud   in   sale   of,   §   381a. 

Deception   in  manufacture   and  sale,   p.   574,  Stats. 
Oleomargarine:    See    Oleomargarine. 

Short-weight  rolls  of  butter,  sale  of,  act  to  prevent, 
p.   574. 


DAM— DEATH.  Tit 

DaM,  injuring  or  destroying,  §  607. 

Owner  of,  failure  of  to  construct  fishways,  §  637. 

DAMAGES:    See    Malicious   Mischief. 

Habeas  corpus,   growing  out  of,   §   1505. 
Civil  remedy  for,  §  9. 

DAYS.     Daytime,   meaning  of,  §   7. 
Night-time,  meaning  of,  §  7. 

DEAD  ANIMAL,  putting  in  stream,,  highway,  etc.,  §  374. 

DEAD  BODY:   See  Cemetery. 

Arrest  or  attachment  of,  a  misdemeanor,  §  295. 

DEADLY    WEAPON,    exhibiting    in    rude,    etc.,    manner;    § 

417. 
Possession  of,  with  intent  to  assault,  §  467. 
Search  of  defendant  for,  may  be  ordered,  when,  §  1542. 
Taking  from   arrested  person,   §   846. 
Using  unlawfully,   §   417. 

DEATH,   agent   to   whom   commission   delivered,   proceedings 

on,  §  1359. 
Assault  by  prisoner  with  deadly  weapon  punishable  by, 

§   246. 
Bailable,  offense  punishable  with,  when  only,  §  1270. 
Civil,   rights   of   convicted   person   suspended,   §   673. 
Collision,   from,  negligently   causing,  §  369. 
Duty  of  governor  on   receiving  copy  of  judgment  of,  § 

1219. 
Duty  of  judge  in  parsing  sentence  of,  §  1219. 
Explosion,    negligently    causing   death,   from,    §    368. 
Judgment  of,  how  executed,  §   1229. 
Judgment  of,  power  to  sus])end,  §   1220. 
Judgment     of,     proceedings     where     defendant    becomes 

insane,  §§  1221-1224. 
Judgment    of,    proceedings    where    defendant    pregnant, 

§§   1225,  1226. 
.Judgment    of,    proceedings   where    it    has    not    been    exe- 
cuted but  remains  in  force,  §  1227. 
Judgjnent  of,  transmission   of  conviction   and   testimony 

to   governor,   §    1218. 
Judgment  of,  suspended  on  a])peal,  when,  §   1243. 
Mischievous   animal,  from,   §   399. 
Murder,  within  what  time  to  be,  §   191. 
One    sentenced    to    imi)risonment    for    life    civilly    dead, 

§  673. 


774  DEATH— DEER. 

Procuring  conviction   and   execution  of   innocent   person 

by  perjury  punishable  by,  §  128. 
Punisliment   of,    liow   inflicted,    §    1228. 
Proceeding  when  convict  pregnant,   §§   1225,  1226. 
Sentence  of,  when  convict  insane,   §§    1221,   1224. 
Unexecuted   judgment   of,    carrying   into    effect,    §    1227. 
Unexecuted  judgment  of,  order  carrying  into  effect  not 

appealable,   §   1227. 
Sentence    of,    proceedings    where    defendant    insane,    §§ 

1221-1224. 
Warrant  of   execution   on  judgment   of,   §    1217. 
When    offense    punishable   with,    defendant   to   be    given 

into   custody,   §   1284. 

See  Civil  Death. 

DEATH  SENTENCE:  See  Judgment. 

DEATH-WARRANT,  on  judgment  of  death,  §   1217. 
Eeturn  upon,  after  execution,   §   1230. 

DEBT,  illegally  contracted,  not  invalid,  §  567. 

Evidence   of,   subject   of   embezzlement,   §   510. 

DEBTOR,    committing   acts    to    defraud    creditors,    a    misde- 
meanor, §  531. 
Fraudulently  concealing  property,  §  154. 
Fraudulent  conveyance  a  misdemeanor,  §  531. 
Fraudulently  disposing  of  property,  §  155. 

DECEIT,  attorney,  by,  §  160. 

Witness,    deceiving,    a    misdemeanor,    §    133. 
See  Fraud-. 

DECEIVING  witness,  §   133. 

DECISION,   agreeing  to  give,   punishment  of,   §   96. 
Of  referee,  etc.,  attempt  to  influence,  §  95. 
Promise  of  referee,  juror,  etc.,  to  give  certain,  §  96. 

DEED:  See  Conveyance. 
Forgery  of,  §  470. 

DEES,  destruction  prohibited,  §§  626e,  626f. 
Closed  season  for,  §§   626e,  62Gl. 
Mt.   Diablo,   act    to    prevent   destruction   of   deer   on,   p. 

608. 
Possession    of    between    certain    dates    a    misdemeanor, 

§  626f. 


DE   FACTO   OFFICER— DEFENDANT.  775 

DE   FACTO    OFFICER,    acting    as    officer    without    qualify- 
ing, effect  of,  §  66. 

DEFECTS,  indictments,  in,  effect  of,  §  960. 

Pleadings    and    other    proceedings,    in,    when    not    ma- 
terial, §  1404. 

Writ  of   habeas  corpus,  in,  immaterial  when,   §   1495. 

DEFENDANT,  acquittal,  detained  or  discharged  after,  when, 

§  1165. 
Admission  to  bail:    See  Bail. 
Answer,  must  be  allowed  time  to,  §  990. 
Appeal,  in  what  cases  may,  §  1237. 
Appear    for    judgment,    proceedings    on    failure    of  -  de 

fendaut  to,  §  1195. 
Appearance  at  verdict,   necessary,  when  and  when  not 

§  1148. 
Arraignment  of,  for  judgment,   §   1200. 
Arraignment  of,  if  in  custody,  §  978. 

See  Arraignment". 
Arrest  and  surrender  of  by  bail,  §   1301. 
Arrest   of   on  bench-warrant,    §    1199. 
Arrested,  must  be  taken  before  magistrate  without  de- 
lay, §   825. 
Arrested,   taken  before  what  magistrate,  §§   821-823. 
Bail:  See  Bail. 

Challenge,  must  be  informed  of  his  right  to,  §   1066. 
Challenging,    when    several    defendants    must    unite    in, 

§   1056. 
Commission,    right   of,   to    examination   of   witnesses   on, 

§§    1349,   1350. 
Commitment  for  examination,  form  of,  §  863. 
Commitment    of,    how    made    and    to    whom    delivered, 

§  876. 
Committed    for    examination    or   discharged    on    bail    on 

postponement,   §   862. 
Committed,   when   to   be,   §   872. 
Corporation  as,   §§   1390-1397. 
Copy  of  testimony  taken  before  grand  jury  to  be  given, 

§  925. 
Counsel,   entitled   to,   §   686. 
Counsel  may  visit,  §  826. 

Counsel,  must  be  allowed  time  to  procure,  §  859. 
Defense,   may   show   what   facts   tending   to   under   i)lea 

of  not  guilty,  §   1020. 
Definition  of,  §  685. 


DEFENDANT. 

Depositions    taken    on    examination    must    be    read    to, 

§  864. 
Discharged  for  want  of  prosecution,  when,  §   1383. 
Discharged  if  action  dismissed,  §   1384. 
Discharged   in    certain   cases,   §    1117. 
Discharged  on  reversal  of  judgment,  §   1262. 
Discharged  or  not,  on  verdict  of  acquittal,  §  1165. 
Discharged,  when  and  how,   §  871. 
Discharging  to  be  witness,  §§  1099,  1100. 
Examination  of,  w^hen  to  proceed,  §  860. 
Grand  jury  not  bound  to  hear  evidence  for,  §  920. 
Held    or    discharged   on    motion    in    arrest    of    judgment, 

§  1188. 
How  brought  before  court  for  judgment,  §§   1194,  1195. 
Impeachment,  in,  §§  740-744. 
Indictment    found    against    defendant    not    in    custody, 

and  proceedings  on,   §  945. 
Insanity,    proceedings    after    acquittal    on    ground    of,    § 

1167. 
Is  who,  §  685. 

Joint  acquittal  or  conviction  of  one  or  more,  §  970. 
Judgment,  defendant  mav  show  what  for  cause  against, 

§   1201. 
Judgment,  grounds  for  not  pronouncing,  §  1201. 
Money,  etc.,  taken  from,  disj^osal  of,  §  1412. 
Must   be   informed   of   charge   and   his  rights,   §    858. 
Name,   not   indicated   by    true,   proceedings   on    arraign- 
ment,  §   989. 
Name,  erroneous,  in  indictment,  inserting  correct  name, 

§  953. 
Office,  on  removal   from,   §§   760-766. 
Party  prosecuted,  known  as,  §  685. 
Plea  to  be  stated  to  jury,  §  1093. 

Plead,  refusing  to,  a  plea  of  not  guilty  entered,  §  1024. 
Pleading  on  part  of,  §   1002. 

Presence   of,' at    arraignment,   necessity   of,    §    977. 
Presence   of,  at  judgment,   necessity  of,   §   1193. 
Presence  of,   at   trial,   necessity  of,   §    1043. 
Presence  of,  in  justice's  court,   §   1434. 
Presence   of,    necessary  in   police   court,    §    1434. 
Presence  of,  not  necessary  on  appeal,  §  1255. 
Presence  of,  on  rendering  verdict,  necessity  of,  §   1148. 
Present  personallv  at  trial   in   police  or  justice's   court, 

§    1434. 
Presumption   of  innocence,   §   1096. 
Proceedings   upon    verdict   of   guilty,    §    1166. 


DEFENDANT— DEFINITION.  777 

Property,    etc.,    taken    from,    receipt    for,    §    1412. 

Eeasonable  doubt  as  to  degree  of  guilt,  verdict  in  case 
of,  §  1097. 

Eeasonable  doubt  as  to  guilt  of,  right  to  acquittal, 
§   1096. 

Remanded   after   verdict   against,   §    1166. 

Rights  of,   §   686. 

Right  of,  to  conditional  examination  of  witnesses,  §§ 
1336,   1337. 

Search  of,  when  ordered,   §   1542. 

Searched   in   presence  of  magistrate,  when,   §   1542. 

Separate  trial  of,  when  jointly  charged,   §   1098. 

Speedy  trial,  right  to,  §  686. 

State's  evidence,  proceedings  where  one  defendant 
turns,  §§  1099-1101. 

Surrender  of,   by  bail,    §§    1300-1302. 

To  be  present  when  adjudged  guilty  of  felony,  §   1193. 

Trial,  two   days  to   prepare   for,  §   1049. 

Unnecessary  restraint  of,  before  conviction,  not  per- 
mitted, §  688. 

Verdict  as  to  some,  another  trial  as  to  others,   §   1160. 

Warrant  of  arrest  for,  when  issued,  §  813. 

Witness  against  himself  not  to  be,  §§  688,  1323. 

Witness,   as,    §§    688,   1323. 

Witness,  may  be,   §   1323. 

Witnesses  may  be  cross-examined  by,   §   865. 

Witnesses  may  produce,  §  866. 

Witness,  neglect  of  defendant  to  testify  as  not  to  pre- 
judice, §  1323. 

Witnesses,  right  to  be  confronted  with,  §  686. 

Witnesses,   right   to   produce,   §   686. 

Witnesses,    must    examine    in    presence    of,    §    865. 

DEFENDANT  IN  IMPEACHMENT,  §§  737-744. 

DEFENDANT  ON  REMOVAL  FROM  OFFICE,  §§   760-766. 

DEFINITION,  arrest,  §  834. 
Arson,   §   447. 
Assault,   §   240. 
Bail,   §§    1268,    1269. 
Bail,   admission   to,   §    1268. 
Bail,  taking  of,  §   1268. 
Barratry,   §    158. 
Battery,  §  242. 


DEFINITION. 

Bigamy,  §  281. 

Bribe,  §  7. 

Building,  §  448. 

Burglary,   §   459. 

Burning,  §  451. 

Challenge,  peremptory,   §   1069. 

Challenge  to  juror,   §   1055. 

Challenge  to  panel,  §  1058. 

Commission,  §  1351. 

Complaint,  §   806. 

Conspiracy,  §  182. 

Corruptly,  §  7. 

Crime,   §    15. 

Criminal  action,  §  683. 

Defendant,  §  685. 

Depose,  §  7. 

Director,  §  572. 

Duel,  §  225. 

Embezzlement,  §  503. 

Extortion,  §   518. 

False  imprisonment,  §  236. 

False  weights  and  measures,  §  552. 

Felony,  §  17. 

Incest,  §  285. 

Indictment,    §    917. 

Inhabited  building,  §  449. 

Kidnaping,   §  207. 

Knowingly,   §   7. 

Larceny,  §  484. 

Larceny,  petit,  §  488. 

Libel,  §  248. 

Lottery,  §  C19. 

Magistrate,   §§   7,   807. 

Malice,   §§   7,   188. 

Malice,  implied,  §  188. 

Maliciously,  §   7. 

Malicious  mischief,  §  594. 

Manslaughter,   §   192. 

Mayhem,  §  203. 

Misdemeanor,  §   17. 

Month,  §  7. 

Motion  in   arrest   of   judgment,   §    1185. 

Murder,  §  187. 


DEFINITION— DEGREE    OF    CRIME. 

Murder  in  first  degree,  §  189. 

Murder   in   second   degree,    §    189. 

Neglect,  §  7. 

Negligence,  §  7. 

New  trial,   §   1179. 

Niglit-t?tne,    §    450. 

Oath,  §  119. 

Panel,  §  1057. 

Peace  officer,  §  7. 

Perjury,  §  118. 

Police  courts,  §   1461. 

Presentment,  §  916. 

Principals,  §  31. 

Process,  §  7. 

Public  moneys,  §  426. 

Public  nuisance,  §   370. 

Eape,  §  261. 

Eobbery,  §  211. 

Eiot,  §  404. 

Eout,  §  406. 

Search-warrant,  §  1523. 

Subpoena,  §  1326. 

Trademark,   §   353. 

Trademark,  counterfeit,  §  352. 

Trademark,  forged,  §  352. 

Treason,  §  37. 

Treason,  misprision  of,   §   38. 

Unlawful  assembly,   §  407. 

Verdict,  special,  §   1152. 

Vessel,  §  7. 

Willfully,  §  7. 

Wine,   pure,   p.   551,   Stats. 

Writ,  §  7. 

DEFORMITY,  extortion  by  threat  to  expose,  §  579. 
Exhibiting,   §  400. 
Giving  appearance  of,  §  400. 

DEGREE  OF  CRIME,  arson,  §  453. 
Burglary,  §  4G0. 

Court  to  determine  on  plea  of  guilty,  §  1192. 
Jury  to  find,  §  1157. 
Larceny,  §  486. 


7S0  DEGREE   OF   CRIME— DEPOSIT. 

Murder,  §  189. 

Ecasonable   doubt  as  to,  conviction   for  lowest,   §   1097. 

BEMUERER:    See   Indictment;    Information;    Pleading. 

Allowance    of,   new   indictment    or   information,    §    1008. 

Argument  on  heard,  when,  §  1006. 

Arraignment,    to    indictment    or   information   on,    §    990. 

Bar  to  another  prosecution,  if  allowed,  when,  §§  1008, 
1009. 

Conviction  on,   §   689. 

Demurrer  or  plea,  only  pleadings  allowed  defendant, 
§   1002. 

Discharge,  granted  on  sustaining  demurrer,  when,  § 
1009. 

Form  of,  §  1005. 

Grounds  for,  enumerated,  §  1004. 

How  put  in,  §§  1003,  1005. 

Impeachment,   in,   §§    7-43,   744. 

Judgment  on,   §   1007. 

Must  be  put  in  in  open  court,  §  1003. 

Objections   that    may   be    taken   only   by,    §    1012. 

Overruled,  proceedings,  §  1011. 

Pleading,    as   a.    §    1002. 

Put  in  how,  §§   1003,  1005. 

Sustained,   effect   of   not   ordering  resubmission,   §    1009. 

Sustained,  proceedings  where  resubmission  not  ordered, 
§  1009. 

Sustained,  proceedings  where  new  information  not  di- 
rected,   §    1009. 

Sustained,  resubmission  ordered,  proceedings  on,  §   1010. 

Time  for,  §  1003. 

Time  for  hearing,  §  1006. 

To  «tate  grounds  of  objection,  §   1005. 

What  objections  must  'be  taken  by,  §   1012. 

DEODAND  abolished,  §  677. 
DEPOSE  includes  what,    §    7. 

DEPOSIT,  after  bail  is  given  and  before  forfeiture,  §  1296. 
Instead   of   bail,   §§    1295-1297. 
Instead  of  bail,  apijlication  of  to  fine,  §  1297. 
Instead   of   bail,   forfeiture   of,    disposal   of,    §    1307. 
Instead   of  bail,   refunding   on   surrender   of   defendant, 
§  1302. 


DEPOSIT— DEPOSITION.  781 

Officer  receiving,  in  insolvent  bank,  §  562. 

Ecfnnded  on  demurrer  sustained  wlien,  §   1009. 

Eeturn  of  to  clerk,  §  883. 

When  add  how  made,  §  1295. 

When  forfeited,  how  disposed  of,  §   1307. 

DEPOSITION:   See  Perjury. 

Affidavit  for,  what  to  state,  §   1352. 

Agent,    commission    returned,    how,    when    delivered    to, 

§   1358. 
Agent  unable  to   deliver,  proceedings  on,  §  1359. 
Annexing  copy  of  section   to  commission,  §   1357. 
Application  for,  made  to  whom,  §   1353. 
Application  for,  made  on  affidavit,  §  1352. 
Commission  defined,  §  1351. 
Commission  executed,  how,  §  1357. 
Commission    open    for    inspection,    §    1361. 
Commission,  when  may  issue,  §§   1349,  1350. 
Copies  to  be  furnished,  §  1362. 
Dead  or  insane  witness,  of  §  686. 
Defect  in  or  want  of  title,  effect  of,  §  1401. 
Evidence,   may   be   read  in,  when,  §   1362. 
Evidence,   what   objections   to   questions   may   be   taken, 

§   1362.  , 

Execution  of  commission,  manner  of,  §   1357. 
Filing,  when  and  how  filed,  §  1360. 
Inspection,  open  for,  §  1361. 

Interrogatories,  allowed  and  settled,  how,  §  1355. 
Interrogatories    and    cross-interrogatories,    service    of,    § 

§   1355. 
Mailing,  §   1357. 
Nonresident    witness,   when    may   be   examined,    §§    1349, 

1350. 
Notice  of  application  for,  §  1353. 

Of  prosecutor  and  witnesses  upon  information,  §   811. 
Order  for  commission  granted,   when,  §    1354. 
Preliminary   examination,   at,   examination   of  and   copy- 
ing,   §    870. 
Preliminary    examination,    at,    by    whom,    and    how    kept, 

§    870. 
Preliminary  examination,  at,   in   lutiiiicide,  §   869. 
Preliminary  examination,  at,  reading  oi',  §  864. 
Eeturn  by  mail,  S  1357. 
Eeturn    of   commission    delivered    to   an   agent,    §§    1358- 

1359. 


7S2  DEPOSITION— DISCHARGE. 

Eeturn  of  commission,  direction  as  to,  §  1356. 

Return  of  where  indictment  not  found,  §  941. 

Return  open  for  inspection,  §  1361. 

Search-warrant,  at  examination  for,  §§  1526,  1527,  1541. 

Sick  or  infirm  witness,  on  hearing  in  aggravation  or 
mitigation  of  punishment,  §  1204. 

State,  examination  of  witness  residing  out  of,  when 
may  be  had,  §§   1349,  1350. 

Stay  of  proceedings,  §  1354. 

Subscription  to,  §   1357. 

To  be  delivered  to  magistrate,  hearing,  §§  826,  827, 
828. 

Warrant  of  arrest,  depositions  of  witnesses,  what  to 
contain,    §    812. 

When  deemed   complete,  §   124. 

Witness  conditionally  examined,  reading  of  depositions 
and  objections  to,  §  1345. 

Witness  unable  to  give  security  for  appearance,  admis- 
sibility of  deposition,  §  882. 

DEPUTIES:    See   Officers. 

DEPUTY,  appointment  of,  for  reward,  §  74. 

DESCRIPTION   of   convicts   about   to   be   discharged   to    be 
given  sheriffs  and  chiefs  of  police,  p.  583,  Stats. 

DESTRUCTION  of  public  records,  §§  113,  114. 

DETAINER,  unlawful,  §  418. 

DIES,  making  or  possessing  for  counterfeiting,  §  480. 

DIGGING  on  land  of  another,  §  602. 

DIRECTORS:    See   Corporations. 

DISCHARGE,  defendant,   how  discharged,  §  871. 

Defendant,  not  charged  or  tried,  discharge  of,  §  1383. 

Defendant,  of,  to  be  a  witness,  §§  1099-1101. 

Defendant   to   be   discharged   on   bail   on   postponement, 

§   862. 
Defendant,    when   judgment    reversed,    §    1262. 
Defendant,  when  action  dismissed,  §   1384, 
Defendant,  on  habeas  corpus,  §§  1487,  1488. 


DISCHARGE— DISMISSAL,    OF   ACTION.  783 

Defendant,    on    verdict    of    acquittal,    discharged    when 

and  when  not,  §§   1165,  1447. 
Defendant,   after   motion   in   arrest   of   judgment,   when 

discharged  and  when  not,  §   1188, 
Defendant,  when  discharged,  §  871. 
Demurrer     sustained,     defendant     discharged     when,      & 

1009. 
Fugitive   from  justice,   when   to   be   discharged,   §    1555. 
Grand  jury,  of,  §  906. 
Jury,    because    fact    not    an    offense,    proceedings    on,    S 

1117. 
Jury,  in  certain   cases,  §   1113. 
Jury,  for  illness  of  juror,  §   1139. 
Jury,  when  they  cannot  agree,  §  1140. 
Jury,  by  reason  of  accident,  §  1141. 
Monday,  prisoners  to  be  discharged  on,  §  28. 
Eeturn    of   warrant,   undertaking,    etc.,    to    clerk,    §    883. 

DISEASE,  animal  having  to  be  killed,  §  402%. 

Contagious   and  infectious   diseases   among  animals,   act 

to  prevent,  p.  571. 
Exposing  infected  animals,  §  402. 
Exposing  infected  persons,  §  394. 
Eemoving  prisoners,  because  of  contagious,  §   1608. 

DISFRANCHISEMENT  for  fighting  duel,  §   228. 

For  falsifying  accounts   or  embezzlement,   §§  424,   514. 
Of  legislator,  for  receiving  bribe,  §  86. 

DISGRACE,  extortion,  by  threat  of,  §  519. 

DISGUISES,   wearing,  forbidden,  §   185. 

DISINFECTION:    See  Public  Health. 

DISINTERMENT:   Sec  Cemetery. 

DISMISSAL   OF    ACTION,   attorney-general   or   district   at- 
torney,   power    to    discontinue    or   abandon   prose- 
cution,  §   1386. 
Bail,    effect    on,    §    1384. 

Bar  in  misdemeanor,  but  not  in  felony,  §   1387. 
Court  to  order,  when,  §   1382. 
Discharge   of   defenchant   on,   §    1384. 
Discharge  of  defendant  not  charged  or  tried,  §  1383, 
District  attorney,  on  ai)p]ication  of,  §   1385. 


781  DISMISSAL   OF   ACTION— DISTRICT    ATTORNEY. 

Felony,   order   for,    not    a   bar,   §    1387. 

Grounds  for,  §  1382. 

Indictment  or  information,  on,  not  an  acquittal,  §   1021. 

Juvenile    delinquents,    probationary      treatement      of,    § 

1388. 
Misdemeanor,   order   for,   when  bar,   §   1387. 
MoMon  of  court,  on,  §  ]38o. 
No'.le  prosequi  abolished,   §   1386. 
Prosecution,    want    of,    action    dismissed    for,    when,    § 

1382. 
Eeasons  of,  to  be  entered  in  minutes,  §  138.5. 
Eesubniission   cannot   be  had   without   order   of   court,   § 

942. 
Eesubniission   may   be   directed,   §   942. 
When    ordered,    §    1382. 

PISORDERLY  CONDUCT,  in  general,  §  415. 
Legislature,    in   presence   of,    §    82. 

DISORDERLY  HOUSE,  keeping,  §  316. 

DISQUALIFICATION  from  holding  office  for  bringing  con- 
traband goods  into  prison,  §  180a. 
Officer  convicted  of  crime,  §  98. 
Stenographer  paying  part  of  fees  to  judge,  §  94. 
To  hold  office  on  engaging  in  duel,  §  228. 

DISSECTION,    removal    of    body    for,    §    291. 

DISTRICT    ATTORNEY,    absent,    court    to    appoint     substi- 
tute, §   1130. 

Bail,  notice  of  application  for  to,  §  1274. 

Bail,   action   against,  where   defendant  does  not  appear, 
§    1306. 

Dismissal  of  action  on  application  of,  §  1385. 

Duty  of,  on  inquisition  of  insanity,  §  1222. 

Duty  of,  when  fugitive  arrested,  §  1554. 

Gaming,  duty  in  regard  to,  §  335. 

Grand  jury,  functions  and  duties  of,  resiiecting,  §  925. 

Grand    jury    may    order    to    institute    suits    for    moneys 
due  the  county,   §  929. 

Indictment,    disclosing   fact   of,   §    168. 

May    move    for    change    of    venue    where    jury    not    ob- 
tainable,   §    1033. 
•   Notice  of   application   to   reduce   bail   to   be   served   od, 
§  1289. 


DISTRICT     ATTORNEY— DOVES.  785 

Nuisance,    public,    to    prosecute    actions    for    maintain- 
ing, or  permitting,  §  373a. 

Power   to    discontinue    or   abandon   prosecution,    §    1386. 

Proceedings    by,    where    defendant    under    judgment    of 
death  insane,  §§   1221-1224. 

Eemoval  of,  proceedings  for,  §  771. 

To  file  information,  when,  §  809. 

To  prosecute  persons  making  false  dairy  tests,   §   381b. 

To  open  prosecution,  §   1093. 

See   Peace. 

DISTEICT  OF  COLUMBIA,  state  includes,  §   7. 

DISTURBING  public  meeting,  §§   58,  59,  403. 
Legislature,  §   82. 
Eeligious  meeting,  §  302. 

DISTURBING  PEACE,  §  415. 
Eefusal  to  disperse,  §  416. 
Security  to  keep  peace,  §§  701-714. 
See   Peace. 

DIVORCE,  advertising  the   procuring   of,   a   misdemeanor,   § 
159a. 

DOCK,  injuring  or  destroying,   §   607. 

DOCKAGE,   collecting  unlawfully,   §   642. 

DOCUMENT,  destroying,  §  617. 

Fraudulent  issue  of,-  §§  577-581. 

Public,  forging,  stealing,  mutilating,  etc.,  §§   113,  114. 

Refusal   of   officer   to   surrender,   §    76. 

DOG  is  property,  §  491. 
Larceny  of,  §  491. 
Value,  how  ascertained,  §  491. 

DOUBT,  reasonable,  defendant  entitled  to  acquittal,  §  1096. 
Reasonable,    as    to    degree,    convicts    only    of    lowest,    § 
1097. 

DOVES,    destruction    of    between    certain    months,    forbid- 
den, §   626a. 
Closed  season   for,   §  626a. 

Destruction  or  possession  of,  a   misdemeanor,  §  626a. 
Pen.  Code— 50 


786  DRAINAGE— DUEL. 

DRAINAGE,  pollution  of  stream  by,  a  misdemeanor,  §  374. 

DRAMAS:   See  Copyright. 

DRUGGISTS:   See  Poisons. 

DRUGS,  administering,  §  222. 

Adulterated,  sale  of,  §  383. 

Adulterating,  §§  382,  383. 

Adulteration  of,  act  providing  against,  p.  557. 

Adulterated  or  tainted,  keeping  or  selling,  a  misde- 
meanor,  §   383. 

Animals,   act   to   prevent   giving   of   drugs   to,   p.   569. 

Assault  with   caustic  chemicals,   §   244. 

Decayed,   sale   of,   §   383. 

Druggists  omitting  to  label,  punishment  of,  §  380. 

Fraud  or  wrong  of  druggist,  punishment  of,  §  380. 

Impure,  sale  of,  §  383. 

Labeling   drugs   wrongfully,   punishment   of,    §    380. 

Meaning  of,  §  383. 

Poison,   mingling  with   medicine   or  food,   §   347. 

Poisonous  substances,   regulating  sale   of,   p.   641,   Stats. 

Poisonous  substances,  sale  of  in  violation  of  statute 
a  misdemeanor,  p.   641,   Stats. 

Rape  by  administering,  §  261. 

Tainted  or  adulterated,  selling  or  keeping,  penalty  for, 
§  383. 

DRUNKARD,  sale  of  liquor  to,  §  397. 

DRUNKENNESS:  See  Intoxication. 
As  defense  to  crime,  §  22. 

DUCKS,  closed  season  for,  §   626. 

Possession  of  during  closed  season,  §  626. 

DUEL,   defined,   §   225. 

Disfranchised,   persons  fighting,   are,   §   228. 

Jurisdiction  of  offense  of,  §§   779,  780. 

Leaving  state  with  intent  to  evade  laws  against  duel- 
ing, §  231. 

Ofiice,  person  fighting,  disqualified  to  hold,  §  228. 

Officer 's   duty   to   prevent,    §   230. 

Officer  not  exerting  himself  to  prevent,  punishmeni 
of,  §  230. 

Out  of   state,   death   within,   §    779. 

Posting  for  not  fighting,   §   229. 


DUEI^ELECTION.  ■»! 

Publishing  for  not  fighting,  §  229. 

Punishment    for    fighting,    sending    or    accepting    chal- 
lenge, §  227. 
Punishment,  when   death   ensues,   §   226. 
Witness'  privilege  on  case  of,  §  232. 

DUPLICATE  receipt  or  voucher  to  be  designated,  §  580. 

DURESS:    See   Extortion. 

As  affecting  criminal  liability,  §  26. 

DYNAMITE:    See   Explosive. 

EARTH,  carrying  away,   §   602. 

EDITOR,  libel,  liability  for,   §   253. 

EEL  RIVER,  act  to  regulate  salmon  fisheries  in  Eel  River 
continued  in  force,  §  23. 

EIGHT-HOUR    LAW,    compelling    ward    or    apprentice    to 
work  more  than  eight  hours,  §  651. 
Sec   Hours  of   Labor. 

EJECTMENT,    return    to    take    possession    after    removal,    § 
419. 

ELECTION,  abetting  or  aiding  fraudulent  voting,  §  47. 
Accessories  to  violation  of  laws  of,  §  52. 
Aiding    and    abetting    offenses    against    election    laws, 

§   52. 
Ballot-boxes,   interfering  with,   a  felony,   §   45. 
Ballots,  adding  to,  §  48. 

Ballots,  carrying  away  or  destroying,  §  45. 
Ballots,  changing  by  election  officers,  §  48. 
Ballots,  false  printing  or  circulating,  a  misdemeanor,  § 

62. 
Ballots,   fraudulent    introduction    of,    §§    45,    48. 
Ballot,   fraudulently   examining  by   officer,    §   49. 
Ballots,   interfering  with,    §   45. 
Ballots,  mixing,  §  48. 
Ballots,    officer   permitting   tampering   with,    punishment 

of,   §   57a. 
Ballots,  officer  tampering  with,  punishment  of,   §  57a. 
Ballots,   tampering  with,   a   felony,   §   45. 
Ballot,  unfolding  or  marking  by  insix'ctors,  §  49. 
Betting   oh,    §    60. 

26 


ELECTION. 

Board  of  judges,  refusal  to  be  sworn  by,  or  answer 
questions  of,  §  43. 

Board  of  registration,  refusal  to  obey  summons  of,  § 
44. 

Bribe,  receiving  by  member  of  nominating  conven- 
tion, punishment  of,  §   57. 

Bribery  at,  punishment   of,   §§  54a,   54b. 

Bribery  at,   what  acts  punishable,   §§   54a,   55b. 

Bribery,  members  of  convention,  etc.,  penalty  for  giv- 
ing or  receiving  bribe,   §  57. 

Bribery  of  members  of  legislative  caucuses,  etc.,  §  57. 

Bribery  of  members   of  nominating  body,   §   53. 

Candidate,  bribe  to  member  of  convention,  etc.,  punish- 
ment for  giving  or  receiving,   §   57. 

Candidates,  bribery  by,   §§  54a,  54b. 

Candidate,  gifts  or  promises  by,  punishment,   §   54b. 

Candidates,  offenses  by,  enumerated,  §§  54a,  54b. 

Candidates,   offenses   by,   punishment   of,   §§   54a,   54b. 

Candidates,  pledge  by,  punishment  of,  §  55a. 

Candidate,  pledge  to  convention  or  nominators,  §  55a. 

Candidate,   soliciting   vote   of,   punishment   of,    §   55a. 

Caucuses,  bribery  of  members,  §  57. 

Circulars  intended  to  injure  candidate,  printing  or  dis- 
tributing,   §§    62a,    62b. 

Communicating  unlawful  offer  to  voter,  §  56. 

Convention,   bribing  members,   §   57. 

Convention,  receiving  gift  in  connection  with  candi- 
dacy,  §   54a. 

Corporation,  intimidation  of  employee  by,  punishment 
of,   §   59. 

Corrupting  electors,  §  53. 

Deceiving    electors,    §    53. 

Defrauding  electors,  §  53. 

Disturbing  public  meetings  of,  a  misdemeanor,  §  59. 

Extortion  from  candidates  for  office,  act  to  prevent, 
p.  589. 

False  registration,  §  42. 

Forging  or  altering  returns,   §  50. 

Furnishing    entertainment    for    electors,    §    54. 

Furnishing  money  for  electors,  §  54. 

Furnishing  property  for  electors,  §  54. 

Inspectors,   unfolding   or   marking   tickets,    §    49. 

Intimidating,    defrauding,    etc.,   electors,    §    53. 

Intimidation  of  emplovees  by  emplover,  punishment,  § 
59.  '  »  •  . 


ELECTION.  m 

Intimidation  of  voter,  punishment  of,  §  59. 

Intoxicating  liquors,  act  to  prevent  sale  of  on  election 
day,  p.  622.     See  §  63b. 

Legislature,  bribery  of  candidate  for,  by  candidate 
for  United  States  senate,  §  63a. 

L  'slature,  bribery  of  members  by  candidate  for 
United  States  senate,  §§  63,  63a. 

Legislature,  evidence  of  bribery  of  members  by  can- 
didate for  United  States  senate,   §   63a. 

Letters  intended  to  injure  candidate,  writing,  §§  62a, 
62b. 

Marking  ballot  by  officer,  §  49. 

Meeting  of  electors,  disturbing  a  misdemeanor,   §  '59. 

Nomination,  receiving  gift  in  connection  with,  punish- 
ment of,  §  54a. 

Offer  to  voter,  communicating,  unlawful,  §  56. 

Officer,  acting  as  by  one  who  cannot  read  or  write,  pun- 
ishment,  §  49a. 

Officer  attempting  to  find  names  on  ballots,  punishment, 
§  49. 

Officer  disclosing  name  of  person  illegally  voted,  punish- 
ment,  §  49. 

Office,  offering  to  procure  for   electors,   §   55. 

Officers,  bribing,  deceiving,  defrauding  electors,  §  53. 

Officer,  fraudulent  acts  of,  §  41. 

Officers,  interfering  with,  §  45. 

Officer,  neglect  or  refusal  to  act,  §  41. 

Officer,  person  acting  as  without  appointment,  §  40. 

Officer  permitting  poll  lists  or  ballots  to  be  tampered 
with,   §  57a. 

Officer,  refusing  to  act,  punishment  of,  §  49a. 

Officer,  tampering  with  ballots,  punishment  of,  §  49. 

Officer,  tampering  with  poll  lists  or  ballots,  punishment 
of,  §  57a. 

Pamphlets  intending  to  injure  candidate,  circulating, 
§§  62a.  62b. 

Persons  violiitiiig  election  laws,  §  61. 

Piece  clubs,  proliibition  of,  p.  589,  Stats. 

Poll  list,  carrying  away  or  destroying,  §§  45,  48. 

Poll  lists,  interfering  with,  a  felony,  §  45. 

Poll   lists,  officer  permitting  tampering  with,  §  57a.  _ 

Poll  lists,  officer  tampering  with,  ])unishment  of,  §  r)7a. 

Poster  intended  to  injure  candidate,  circulating  §!$  62a, 
62b. 

Primary,  bribing  members,  §   57. 


ELECTION. 

Primary,   code   sections   applicable   to,   §    6414- 
Public   meeting,  preventing,  §  58. 
Eefraining  to  vote  through  intimidation,  §  59. 
Eefusal  to  be   sworn  by  or  to  answer  board  of  judges, 

§   43. 
Refusal  to  obey  summons  of  board  of  registration,  §  44. 
Eegistration,  false,  permitting  or  procuring  bv  another, 

§  42a. 
Registration,  false,  punishment  of,  §  42. 
Registration,   fraudulent,   §   42. 
Returns,   altering,   §   51. 
Returns,  adding  to  or  subtracting  from,  punishment  of, 

§51. 
Returns,   alteration   of,  punishment  of,  §   51. 
Returns,    altering   by   election    officers,    §§    45,    48. 
Returns,  forging  or  altering,  §§  45,  50. 
Senator,    advancing    money    by    candidate    for    United 

States   senate,   §§   63,   63a. 
Tickets,    circulating    such    as    do    not    conform    to    law, 

§    62. 
Ticket,   printing   illegal,    a   misdemeanor,    §    62. 
Tickets,  violation  of  election  laws  as  to,  §  62. 
Violation  of  election  laws  by  persons  not  officers,  §  61. 
A^ote,  attempt  to,  without  being  qualified,  §   46. 
Votes,  adding  to  or  subtracting  from,  §  51. 
Voters,  gifts  or  promises  to,  punishment  for   making,  § 

54b. 
Voters,  interfering  with,  a  felony,  §  45. 
Voters,  bribery  of,  §§  54a,  54b.' 
Voters,  offenses  by,  enumerated,  §§  54a,  54b. 
Voters,  offenses  by,  punishment  of,  §§  54a,  54b. 
Voters,    intimidating,    corrupting,    deceiving   or   defraud- 
ing a  felony,  §  53. 
Voting,  fraudulent,  §  45. 

Voting,  fraudulent   attempt,  punishment  of,  §  46. 
Voting  more  than  once,  punishment,  §  46. 
Voting,   personating  voter,  punishment  of,   §   46. 
Voting,   persuading  anotlier  to  vote,  fraudulently,  §   47. 
Voting,  receiving  gift  in  connection  with  punishment,  § 

54a. 
Voting  more  than  once,  §  45. 
Voting,  procuring  illegal,  §  47. 
Witness    in    election    case,    incriminating    testimony    of, 

§  64. 
Witness  in  election  case,  no  prosecution  against,  §  64. 
Witness  in  election  ease  has  no  privilege,  §  64. 


ELECTOR— EMBEZZLEMENT.  791 

ELECTOR:  See  Elections. 

ELECTRICITY,  larceny  of,  §  499a. 

ELECTRIC  LINES  or  apparatus,  malicious  injury  to,  §  593. 

ELECTRIC  METER,  interfering  with,   §§  498,  499a. 

ELK,  killing  of,  a  felony,  §  599. 

Punishment  for  killing  of,  §  599. 

EMBANKMENTS,  injuring  or  destroying,  §  607. 

EMBEZZLEMENT,  acts  amounting  to,  by  public  officer,  5 
424. 

Agent,  when  guilty  of,   §§  506,  508. 

Allegations  of,  sustained  when,.  §  1131. 

Assignee  in  trust,  when  guilty  of,  §  506. 

Association,  by  officer  of,  §  504. 

Attorney,    by,    §    506. 

Bailee,  by,  §   507. 

Banker,  by,  "§  506. 

Bringing   embezzled    property   into   state,    §    497. 

Bringing  stolen  property  within  state,  §  27. 

Broker,   by,   §   506. 

Carrier  commits,  when,   §  505. 

Claim  of  title  as  a  defense,  §  511. 

Clerk,  by,  §  508. 

Collector,   when   guilty  of,   §   506. 

Corporation,  officer  or   agent  of,  when  guilty  of,  §   504. 

County  treasurer,  delivery  of  unclaimed  property  to,  § 
1411. 

Custody  of  the  property  by  peace  officer,  duty  of  offi- 
cer, §  1407, 

Defined,  §  503. 

Delivery  of  the  property  to  owner,  §§   1408-1410. 

Distinct  act  of  taking  not  necessary,  §  509. 

Evidence   of  debt  undelivered,  subject  of,   §  510. 

Evidence  of  debt  or  right  of  action,  value  of,  §  514. 

Evidence  to  prove,  §   1131. 

Executor,  by,  §  506. 

Indictment  or  information  for,  §  967. 

Intent  to  restore,  no  defense,  §  512. 

Jurisdiction  when    property  brought  into   county,  §   786. 

Jurisdiction  when  committed  out  of  state,  gootls  brought 
in,  §  789. 


.792  EMBEZZLEMENT — ENCIENTE. 

Limitation  of  action,  §  799. 

Lodger,  by,  §  507. 

Merchant,  when  guilty  of,  §  506. 

Officer,   wlien   guilty  of,   §   506. 

Officer,  etc.,  guilty  of,  when,  §  504. 

Officer,   appropriation  of  money  by,  punishment,   §   424. 

Officer  loaning  or  making  protit  out  of  money,  punish- 
ment, §  424. 

Officer  neglecting  to  pay  over  pyblic  money,  a  felony, 
§  425. 

Property  and  money  taken  from  prisoner,  and  receipt 
therefor,  §§  1412,  1413.  ^ 

Public  funds,  of,  a  felony,  §  514. 

Punishment  for  embezzlement  of  public  funds,   §  514. 

Public  money,  what  includes,  §  426. 

Punishment    of,    §    514. 

Restoration  as  a  ground  for  mitigation,  §  512. 

Eestoration  before  information  laid,  effect  of,  §  513. 

Restoration  of  property,   effect  of,  §   513. 

Restore,  intent  to,  no  defense,  §  512. 

Search-warrant,  in  case  of,  §  1524. 

Servant  by,  §  508. 

Society,  by  officer  of,  §  504. 

Taking,  distinct  act  of,  §  509. 

Tenant,  by,   §   507. 

Title,   claim  of,  a  defense,  §  511. 

Trustee,  by,  §  506. 

Various  persons,  by  §§  506-508. 

What  amounts  to,  §  504. 

Written  instrument  not  delivered,  of,  §  510. 

EMBRACERY,  punishment  of,  §§  92,  95. 

EMIGRATION,  act  to  promote,  p.  591. 

Refusal  to  sell  passage  tickets  for  foreign  country,  pun- 
ishment of,  p.  591,  Stats. 

EMPLOYEE  coercing  not  to  join  labor  organization,  §  679, 
Paying  in  saloon,  §  680. 
Tax  collector,  refusing  to  give  name  to,  §  434. 

EMPLOYERS:    See  Master  and  Servant. 

EMPLOYMENT    AGENT,    duties   and   liabilities   of,   p.    592, 

Stats. 

ENCIENTE,  proceedings   when   convict   is,   §§   1225,   1226. 


ENGINE— ESCAPE.  798 

ENGINE,   mismanagement   of,   §§   348,  349,   368. 

ENCLOSURES,  entering  without  permission  to  hunt,  a  mis- 
demeanor, §  602. 
Acts    to    prevent    entering    and    hunting    upon    enclosed 

lands,    §§    384c,   602,   notes. 
Causing    death     from    negligent    management,     punish- 
ment of,  §  368. 

ENGINEER   omitting  to   ring  or  sound  whistle   at   crossing, 
§    390. 
Intoxication   of,   §   391. 
Violation  of  duty  by,  §  393. 

ENTICING  away  for  extortion  or  robbery,  §   209. 

ERROR,   immaterial,   effect   of,   §   1404. 

In  form  does  not  affect  indictment  or  information,  § 
960. 

ESCAPE,   assisting,   §   109. 

Arrest   of  one   making,   §   8.54. 

Attempt  to,  from  state  prison,  §  106. 

Attempt  to  escape,  imprisonment  for  commences  when, 
§    106. 

Attempt  to  escape  from  other  than  state  prison,  a  mis- 
demeanor,   §    107. 

Breaking  doors,  etc.,  to  retake,  §  855. 

Carrying  into  prison  things  to  aid  in,  §   110. 

Costs  of  trial  for,  §   111. 

Costs  of  trial  of  escaped  convicts,  p.  588,  Stats. 

Disguise,  wearing  to  aid  escape,  §  185. 

Effect  of  attempt  on  credits  of  prisoner,  §  1590. 

Going   at   large   is,   §    1600. 

Governor    may   offer    reward,    §    1547. 

Homicide  in  retaking  justifiable,  §  196. 

Insurrection,  assisting  escape  during,  §  411. 

Jurisdiction,  §  787. 

Of!icers   suffering,   §    108. 

Prison   other  than  state,  from,  §    107. 

Punishment  of  prisoner  escaping  from  state  prison,  § 
105. 

Refusing  to  aid  in  retaking,  §  150. 


794  ESCAPE— EVIDENCE. 

Eescue  of  prisoners,  §  101. 
State   prison,   from,   §   105. 

ESTATES    OF    DECEDENTS,    appraiser    accepting   fee    not 
allowed,  a  misdemeanor,  §  653i/^. 

ETHER:   See  Drugs;  Narcotics. 

EVIDENCE:    See   Deposition;    Particular   Offenses;    Witness, 
Abortion,  of,  §  1108. 
Accomplice,  corroboration  of,  §   1111. 
Acquit,  advising  jury  to,  §   1118. 
Bigamy,  of,  §   1106. 

Bill  of  exceptions  to  contain  what,  §  1175. 
Burden  of  proof  shifting  in  homicide,  §  1105. 
Challenge  of  juror,  rules  of,  on  trial  of,  §  1082. 
Common  repute  of  house  of  ill-fame,  §  315. 
Concealing,  §  135. 
Conspiracy,  to  prove,  §   1104. 
Corroboration   of  accomplice,  §   1111. 
Counterfeiting,  of,  §   1107. 
Debt,  evidence  of:     See  Evidence  of  Debt. 
Depositions,  reading  in,  §  1362. 

See  Depositions. 
Destroying,   §    135. 
Embezzlement,  of,  §  1131. 
Exception  may  taken  to  rulings  on,  §  1170. 
Extradition  proceedings,  in,  §  1550. 
False,  offering,  §   132. 
False,  preparing,  §  134. 
False  pretenses,  of,  §   1110. 
Falsifying,  a  felony,  §  132. 
Forgery  of,  §   1107. 
Grand  jury,  before,  §§  919-923. 
Larceny,  of,  §  1131. 
Lottery  ticket,  respecting,  §  1109. 
Order  of  introducing,  §  1093. 
Plea  of  not  guilty,  under,  §   1020. 
Presumption  of  innocence,  §  1096. 

Eeputation  as  evidence  of  character  of  house  of  prosti- 
tution, §  315. 
Eules  of,  same  as  in  civil  cases,  §  1102. 
Seduction,  of,  §  1108. 
State's,   §§   1099-1101. 
Treason  of,  §  1103. 


EVIDENCE    OF    DEBT— EXCEPTION.  795 

EVIDENCE  OF  DEBT,  personal  property  includes,  §  7. 
Penalty  for  officers  purchasing,  §  71. 
Purchase  of,  by  attorney,  §  161. 
Subject  of  embezzlement,  §  510. 

EXAMINATION  OF  CHARGE.     See  Preliminary  Examina- 
tion. 
Allowance   of  demurrer,   examination   before   magistrate 
after,  §  1008. 

EXAMINERS,  STATE  BOARD  OF,  member,  violating  laws, 
guilty  of  felony,  §   441. 

EXCEPTION,  arrest  of  judgment,  to  granting  or  not,  §  1172. 

Amendments  to  and  settlement  of,  §  1177. 

Bill  of,  to  be  delivered  to  clerk,  §§  1171,  1174. 

Bill  of,  to  contain  what,  §  1175. 

Challenges,  as  to,  §  1170. 

Challenge  of  juror,  to,  §  1077. 

Challenge  to  panel,  to,  §§  1061,  1062. 

Clerk  to  deliver  bill  to  judge,  §§  1171,  1174. 

Demurrer,  to  allowing  or  not,  §  1172. 

Deposition,  to,  §  1345. 

Engrossing,  signing  and  filing,  §§  1171,  1177. 

Evidence,  bill  to   contain  what,  §   1175. 

Piling  bill  of,  §§  1171,  1174. 

Grounds  for,  §  1170. 

Indictment  or  information,  to  order  setting  aside  or  not, 
§  1172. 

Instruction,  to,  §  1170. 

Instructions,  how  presented  for  review,  §   1176. 

Instructions  need  not  be  embodied  in,  §  1176. 

Instructions,  written  need  not  be  excepted  to,  §  1176. 

May  be  taken  in  what  cases,  §.  1170. 

New  trial,  to  allowing  or  not,  §  1172.  • 

Notice  of  presentation  for  settlement,  §  1171. 

Not  taken  at  trial,  but  which  may  be  taken  by  both  par- 
ties, §  1172. 

Not  taken  at  trial,  but  which  may  be  taken  by  defend- 
ant, §  1173. 

Order  after  judgment,  to  making  or  not,  §  1172. 

Postponement,  to  refusal  of,  §  1173. 

Preparation  of,  §§  1171,  1174. 

Presentment  to  judge  or  delivery  to  clerk,  §§  1171,  1174. 

Proceedings  where  trial  judge  ceases  to  hold  office, 
S   1174. 


796  EXCEPTION— EXECUTION. 

Question  of  law,  to  decision  on,  §  1170. 

Eefusal     to     allow    exception,   proceedings    in    case   of, 

§   11^4. 
Settlement  of,  §§  1171,  1174. 
Settlement  of  bill  after  judge 's  term   of  office   expires, 

1174. 
Settlement  of  bill,  proceedings  on,  §§  1171,  1174. 
Settlement,  time  for,  §  1171. 
Settlement,  designating  time  for,  §   1171. 
Settlement   of  bill   by  supreme  judge,   §   1174, 
Signing  bill  of,  §§  1171,  1174. 
Striking  matters  out  of  bill  by  judge,  §  1175. 
Supreme  court,  application  to,  to  prove  bill,  §  1174, 
Testimony,  to,  §  1170. 
Time   for  preparation    and   settlement   of   bill,    §§    1171, 

1174. 
Time  for  presenting  bill  for  settlement,  §   1171. 
Time  for  settlement  of  bill,  extending,  §   1174. 
Transcript  to  contain  bill  of,  §   1246. 
Venue,  to  refusal  to  grant  change  of,  §  1173. 

EXECUTION,    affirmed   judgment    of,    §    1263. 

Authority  for,  of  judgment  other  than  of  death,  §  1213. 

Death,   judgment    of   not    executed,     proceedings   to    en- 
force, §  1227. 

Death,  judgment  of,  transmission  of  papers  to  governor, 
§  1218. 

Death,  warrant  and  execution  upon  judgment  for,  §  1217. 

Delivery  of  defendant  to  warden  of  prison,  under  judg- 
ment for  imprisonment,  §   1216. 

Fine    and   imprisonment,   judgment    by   whom    and    how 
executed,  §  1215. 

Fine,  judgment  executed  as  in  civil  case,  §  1214. 

Fine,  may  issue  for,  §  1214. 
•      Governor    may   require    opinion    of    justices   as    to    judg- 
ment of  death,  §  1219. 

Hanging,  death  penalty  inflicted  by,  §  1228. 

Hanging,  where  to  take  place,  §  1229. 

Hanging,  who  to  be  present  at,  §  1229.  / 

Insane  defendant,  suspending  execution,  §  1224. 

Insane  defendant,  of,  on  recovery  of  reason,  §  1224. 

Insanity  of  defendant,  proceedings  to  determine,  §§  1221- 
1224. 

Judgment  for  fine,  may  issue  on,  §  1214. 

Justice's   or  police   judge's   judgment   of   imprisonment, 
of,  §  1455, 


EXECUTION-EXPLOSIVE.  797 

Justice's  or  police  judge's  judgment  of  fine  or  impris- 
onment, §  1456. 

Levy  without  process,   §   146. 

Pregnancy  of  female,  proceedings  to  determine,  88  1225, 
1226. 

Prison  delivery  of  defendant  to  warden,  §   1216. 

Procuring  by  perjury,  §  128. 

Retaking  possession  after  dispossession  by  process  a 
misdemeanor,   §   419. 

Return   upon   death-warrant,   §    1230. 

Seizing  property  without  authority  a  misdemeanor, 
§   1^6. 

Suspension  of,  power  of,  where  judgment  of  death, 
§  1220. 

Transmission  of  statement  and  testimony  to  governor, 
in  case  of  death  sentence,  §  1218. 

EXECUTIVE,   crimes  against,  §§   65-77. 

EXECUTIVE  SECRETARY,  crime  against,  a  felony,  p.  582, 

Stats. 

EXECUTOR,  embezzlement  by,  §  506. 

EXEMPTION,  false  certificate  of,  §  649. 
Coroner's  jury  from,  |  1510. 

EXHIBITION,  deformity,  of  person,  of,  §  400. 

EXONERATION,  bail,  by  deposit,  §  1296. 

EXPERT  EVIDENCE.     See  Witnesses. 
Forgery,  at  trial  of,  §  1107. 

EXPLOSION,  negligently  causing  death  from,  §  368. 

Stcfim-boilers,  mismanagement  of,  causing,  §§  348,  349. 

EXPLOSIVE,  act  to  protect  life  and  property  against  care- 
less use  of,  §§  375a,  601,  notes. 

Bringing  to  or  in  vicinity  of  prisons,  etc.,  §  180a. 

Dynamite,  protection  of  life  and  property  from  use  of, 
p.  595,  Stats. 

Dynamite,  record  of  sales  to  be  kept,  p.  595,  Stats. 

Endangering  or  injuring  persons  or  property  by,  a  fel- 
ony,   §   601.  ' 

Endangering  or  injuring  persons  or  jn-operty  b}',  punish- 
ment, §   601. 

Fishing,  using  in,  §  635. 


798  EXPLOSIVE— EXTRADITION. 

Keeping  or  carrying  in  city,  §  375. 

Malicious  injury  to   building  by,  §   601. 

Eailroad  track,  putting  on,  §  218. 

Record  of  sales,  failure  to  keep  a  misdemeanor,  §  375a. 

Record   of   sales,   failure   to   keep,   cumulative   penalties, 

§  375  a. 
Record  of  sales,  how  and  where  to  be  kept,  §  375a. 
Record  of  sales  to   be  kept,   §   375a. 

EXPRESS   COMPANY.      Fish,   regulations    governing   trans- 
portation and  punishment  for  violating,  §  632a. 
Game,     transportation     of,    regulations     governing    and 

punishment  for  violating,  §  627b. 
Game,  transporting  out  of  state  without  permit  a  misde- 
meanor, §  627a. 

EXTORTION,  by  offer  to  prevent  libel,  §  257. 
Defined,  §  518. 
Judicial   officer,   by,   §   94. 
Kidnaping,  by  means  of,  §  209. 
Letter,  sending  complete  when,  §  660. 
Letters,  threatening,  §§  523,  650. 
Officer,  by,  §  70. 
Officer   receiving   part   of   salary   or   wages   of    clerk   or 

laborer,  p.  634,  Stats. 
Punishment  of,  §§  520,  521. 
Punishment    of,    when    committed     under     official    color, 

§    521. 
Railroad  officers,  overcharges  by,   §   525. 
Signature  procured  by  threats,  §  522. 
Threatening  letters,  sending,  §  523. 
Threats  constituting,  §  519. 
Threats,  verbal,  §  524. 
What   threats   may   constitute,    §   519. 

EXTRADITION,    arrest     and    commitment,   proceedings   for, 

§  1550. 
Bail,  admission  to,  §§   1552-1556. 
Committed,    fugitive    to    be,    when    and   for   what    time, 

§   1551. 
Discharge  of  fugitive,  when,  §§  1555,  1556. 
District  attorney,  duty  of,  §  1554.  « 

Evidence,  §   1550. 

Exemplified  copy  of  proceedings  admissible,  §   1550. 
Fee  or  reward,  officer  to  receive  none,  §   1558. 
Fee,  receiving,  for  arresting  fugitive,    §   144. 


EXTRADITION— FALSE    PRETENSE.  799 

Fugitives  from  another  state  to  be  delivered  up,  when, 
§   1548. 

Fugitives  from  this  state,  expenses  of  extradition,  §  1557. 

Notice  of  arrest  to  authorities  of  other  state,  §   155-4. 

Notice  of  arrest  to   district  attorney,  §  1553. 

Proceedings  in  superior  court  on  return  by  magistrate, 
§   1556. 

Return  of  proceedings  to  superior  court,  §  1556. 

Reward  or  fee  for  services,  none,  §  1558. 

Superior  court,  return  of  proceedings  to,  and  proceed- 
ings in,  §  1556. 

Warrant,  magistrate  may  issue  for  arrest  of  fugitive  in 
this  state,  §  1549. 

FACT,  issue  of,  arises  when,  §  1041. 
Issues  of,  how  tried,  §  1042. 

Libel,  jury  decides  both  law  and  fact  in,  §  1125. 
Jury   to   decide   questions  of,  §   1126. 

FACTOR,  false  statement  by,  §  536. 

FALSE   ARREST,    §    146. 

FALSE  CERTIFICATE  by  officer,  §  167. 

FALSE  IMPRISONMENT  defined,  §  236. 
Punishment  of,   §  237. 

FALSE  PERSONATION,  acknowledgments,  §  529. 
Bail,  §  529. 

Evidence  necessary  to  conviction,  §  1110. 
Instances  of,  §  529. 
Marriage   under,   §§   528,   1110. 
Misdemeanor,  is,  §  650^/^. 

Money,  obtaining  under  false  pretenses,  §  532. 
Money,  receiving  under- false  character,  §  530. 
Obtaining  telcgraj)li   message   by,   punishment  of,  §   621. 
Property,  receiving  under  false  character,  §  530. 
Punishment  of,  §  529. 
Receiving    money   or    property    through,    punishment    of, 

§  530. 
Surety,  §  529. 
What  acts  constitute,  §  529. 

FALSE  PRETENSE:      See  False  Personation. 
As  to  birth  of  child,  §  156. 


800  FALSE    PRETENSE— FELONY. 

Certificate  of  registration  of  stock,  obtaining  by  fraud, 
§  537a. 

Conspiracy  to  obtain  property  under,  §   182. 

Evidence  'of,  §   1110. 

False  registration  of  animal,  obtaining  by  a  misde- 
meanor,   §    537%. 

Money  or  property,  obtaining  under,  §  532. 

Obtaining  money  or  property  by,  punishment  of,  §  532. 

What   necessary  to   conviction,   §   1110. 

FALSE   STATEMENT,  principal,  false  statement  to,  a  mis- 
(leiiK.'aniir.  §  536. 

FALSE  WEIGHTS,  MEASURES,  in  general  §§  552-555. 
See  Weights  and  Measures. 

FALSE  WHISKERS,  wearing,  §  185. 

FALSIFICATION,  public  records,  no  limit  of  time  for  pros- 
ecuting, §  799. 

FALSIFYING  accounts  bv  officer,  §  424. 
Evidence,  §§  132-138.' 
Records   and  documents,  §§   113-117. 

FARCY:      See   Animals. 

FARE:     See  Railroads. 

FAST  DRIVING,  §  396. 

FEDERAL  OFFICERS,  crimes  against  certain,  p.  582,  Stats. 

FEDERAL  PRISONER,  committing  in  county  jail,  §§  1601, 
1602. 
Expense,  of  keeping,  §  1581. 
Receiving  and  keeping  in  state's  prison,  §  1581. 

FEES:      See  Officers. 

Appraiser    accepting    fee    not    allowed,    a    misdemeanor, 

§  653  Va. 
Excessive,  receiving,  §   70. 
Jurors',    §    1143. 

FELONY,  abduction  of  minor  for  prostitution,  §  267. 
Abduction  of  woman,  §  265. 
Abduction,   p.  580,   Stats. 

Abortion,  administering  drugs  to  produce,  §  27*. 
Adultery,  living  in  by  married  persons,  §  269b. 


FELONY.  801 

Adultery,  p.  580,  Stats. 

Advertising  to  procure  miscarriage  or  abortion,  §  317. 

All  persons  concerned  liable  as  principals,  §  971. 

Alteration,  secreting  or  destroying  public  record,  §  113. 

Arbitrator,  bribing,  §  95. 

Arbitrator,  influencing  or  intimidating,  §  95. 

Arbitrator,  making  promise  to  give  decision,  §  96. 

Arbitrator,  receiving  outside  communication,  §   96. 

Arraignment,  defendant  may  appear  by  counsel,  §  977. 

Arrest  may  be  made  at  any  time,  §  840. 

Arson,   §   455. 

Assault  to  commit,  §  221. 

Assault  to  commit  murder,  §  217. 

Assault  to  commit  murder,  mayhem,  rape,  etc.,  §  220. 

Assault  with  caustic   chemicals,  §§  244,  245. 

Assault  with  deadly  weapon,  §§  245,  246. 

Attempt  to  commit  crime,  §§  664,  665. 

Attempt   to    escape   from   state   prison,   §    106. 

Auctions,  mock,  §  535. 

Ballot-boxes,  interfering  with,  §  45. 

Ballots,  tampering  with,  §  45. 

Bigamy,   §   283. 

Bill,   legislative,   altering,   §§    83,  84. 

Bill    of    lading,    duplicate,    failure    to    stamp    duplicate, 

§  580. 
Bill  of  lading,  false,  §  541. 
Bill   of   lading,   or   warehouse   receipt,   issuing   fictitious, 

§§  577,  578. 
Board  of  examiners,  member  of  violating  laws,  §  441. 
Boiler,  steam,  mismanagement,  §§  348,  368. 
Books,  etc.,  stealing,  §§  113,  114. 
Brand,   alteration,  §   357. 
Bribe,  executive  officer  receiving,  §  68. 
Bribe,   receiving  by   member  of  nominating  convention, 

punishment   of,   §   57. 
Bribe,  receiving  by  members  of  legislature,  §  86. 
Bribe,  receiving  by  supervisors,  §  165. 
Bribe,  receiving,  punishment  of,  §  93. 
Bribe,  witness  receiving  or  offering  to  receive,  §  138. 
Bribery,  §§  92,  93,  95. 
Bribery  of  executive  oflTiccrs,  §   67. 
Bril)ery  of  members  of  legislature,  §  85. 
Bribery  of  members  of  nominating  body,  §  57. 
Bribery  of  telegraph  agent,  §  641. 
Bribery  of  trustees  of  corporation,  §  165. 
Pen.  Code — 51 


FELONY. 

Bribery  of  witness,  §   137. 

Bribery  of  supervisors,  §  165. 

Burglary,  §  461. 

Burning  of  property  of  another  maliciously,  §  600. 

Burning  or  destroying  insured  property,  §  548. 

Candidate  for  legislature   receiving  money,   §   63a. 

Candidate  for  United  States  senate  advancing  money  in 
election,  §  63. 

Captain  or  officer  of  vessel,  injuring  vessel  or  cargo, 
§   539. 

Carrier,  pledge  or  sale  of  property  by,  §  581. 

Child,  lascivious  conduct  with,  §  288. 

Child   stealing,   §    278. 

Child    substitution,    §    157. 

Compounding   crime,    §    153. 

Compromise   of,   §   1379. 

Conspiracy  to  commit,  overt  act,  §  184. 

Controller  violating  duty,  §  441. 

Conveying  land  twice,  §  533. 

Corporation,  failure  of  officers  to  obey  legal  duty,  §  564. 

Corporation,  false  reports  by  officers  of,  §  564. 

Counterfeiting,   §§  473  et  seq.,  §§  478-480. 

Counterfeiting   quicksilver   stamps,   §   366. 

Crime   against  nature,  §   286. 

Crime,  is  a,  §   16. 

Crime  punishable  by  imprisonment  in  state  prison  or 
county  jail  and  fine,  §  17. 

Dead  bodies,  disinterment  of,  §  290. 

Dead  bodies,  mutilation  or  removal  of,  §  290. 

Dead  body,  removal,  of,  §  291. 

Death  from  vicious  animal,  owner  guilty  of  felony, 
§  399. 

Decision  of  arbitrator,  referee,  etc.,  attempt  to  influ- 
ence, §  95. 

Decision,  offer  to  give,  §  96. 

Defined,  §  17. 

Deserting  child,  §  271. 

Dismissal  not  a  bar  in,  §  1387. 

Drugs,    administering   stupefying,   §   222. 

Duel,  fighting  or  sending  or  accepting  challenge,  §  227. 

Duel,  fighting,  when  death  ensues,  §  226. 

Elections,  interfering  in,  §   45. 

Election  laws,  aiding  or  abetting  offenses  against,  §  52. 

Election  laws,  altering  returns,  §  51. 

Election  laws,  false  registration,  §  42. 


FELONY.  803 

Election  laws,  forging  or  altering  returns,  §  50. 

Election  laws,  fraudulent  acts  by  officers,  §  41. 

Election  laws,  fraudulent  voting,  §  45. 

Election  laws,  intimidating,  corrupting,  deceiving  or  de- 
frauding electors,  §  53. 

Election  laws,  oflfenses  against,  §  48. 

Election  laws,  person  acting  as  officer  without  authority, 
§   40. 

Election  laws,  violation  of  by  person,  §  61. 

Election  laws,  refusal  to  act  by  officers,  §  41. 

Electric  line  and  apparatus,  injury  to,  §  593. 

Electric  lines  or  apparatus,  interfering  with  8  593. 

Elk,  killing  of,  §  599. 

Embezzlement,   §   514. 

Embezzlement  of  public  funds,  §  514. 

Embracery,  •§§  92,  95. 

Engine,  mismanagement  of,  §§  348,  349,  368. 

Escape,  assisting  during  insurrection,  §  411. 

Escape,  carrying  things  into  prison  to  aid  in,  §  110. 

Escape,   officers   suffering,   §    108. 

Evidence,  false,  offering,  §   132. 

Evidence,  false,  preparing,  §  134. 

Evidence,   falsifying,  §§   3  28-132. 

Executive   secretaries,   offenses  against,   p.  582,  Stats. 

Explosives,  endangering  or  injuring  persons  or  property 
by,  §  601. 

Extortion,  §  520. 

False  imprisonment,  §  237. 

False  personation,  marriage  under,  §  528. 

False  pretenses,  §  532. 

False  pretenses  as  to  birth  of  child,  §  156, 

False  proofs  upon  insurance  policy,  §  549. 

Falsifying  evidence,   §§   132-138. 

Federal  officers,  offenses  against,  p.  582,  Stats. 

Fire,  goods  saved  from,  in  San  Francisco,  failure  to  no- 
tify, §  500. 

Forged  instruments,  offering  for  record,  §  115. 

Forgery,  §§  470  et  seq. 

Fraud  in  increasing  capital  stock,  §  558. 

Fraud  in  keeping  accounts  of  corporation  or  joint  stock 
company,   §   563. 

Fraud  in  procuring  organization  of  corporation,  §  558. 

Fraudulent  bill  or  claim,  presenting  to  public  board  or 
officer,  §  72. 


FELONY. 

Gambling,    oflficers     protecting,    encouraging,    or    permit- 
ting, §  337. 

Governor,  offenses  against,  p.  582,  Stats. 

Gunpowder,  malicious  injury  to  building  by,  §  601. 

Incest,  §  285. 

Insurrection,    acts   committed   while   county   declared   in 
state  of,  §  411. 

Involuntary   servitude,   holding  one  in,   §    181. 

Issuing  or  circulating  paper  money,  §   648. 

Jail,    willfully  injuring,    destroying,   etc.,   §    606. 

Joint  defendants,  joint  or  separate  trials,   §   1098. 

Joint   stock   company,   failure   of   officers   to   obey   legal 
duty,   §   564. 

Joint  stock  company,  false  reports  by  officers,  §  564. 

Judges,  federal,  offenses  against,  p.  58^,  Stats. 

Judgment,  appointing  time  for,  §   1191. 

Jury   box,    tampering  with,   §   116. 

Jury   lists,   certifying   to   false,   §   117. 

Jury  lists,  falsifying,  §  117. 

Jury  list,  tampering  with,  §   116. 

Larceny,   grand,   §   489. 

Legislator,  obtaining  money  to  influence,  §  89. 

Legislator,  inducing  not  to  attend  committee,  §  85. 

Legislator   receiving   money  from   candidate   for  United 

States    senator,    §    63a. 
.Legislature,   preventing   meeting  of,   §   81. 

License    receipts,    possession    other    than    those    allowed 
by  law,  §  432. 

Lights,   injury   to   or   exhibiting  false,   §   610. 

Limitations  of  time  for  prosecution,  §§   799,   800. 

Lobbying,   §   89. 

Logs,  driving  substance  into,  §  593a;   p.  633,  Stats. 

Kidnaping,  §§  208,  209. 

Malicious  injury  to  bridge,  highway  or  ways,  §  588. 

Manslaughter,    §     193. 

Married    person    conveying    or    mortgaging    under    false 
representations,   §   534. 

Marrying  spouse  of  another,  §  284. 

Mayhem,    §    204. 

Miscarriage,    procuring.    §    274. 

Miscarriage,   soliciting   materials,   for,    §    275. 

Miscarriage,    submitting   to,    §    275. 

Offense,  when  a  felony  and  when  a  misdemeanor,  §  17. 

Officer  becoming  interested  in  contract,  §   71. 

Officer,  false  statement  by,  p.  587,  Stats. 


Officer   receiving   wages   or   salary   of   laborer   or   clerk, 
§   74a;    p.   634,   Stats. 

Officer  mutilating  books  or  withholding  from  successor, 
§    76. 

Officer  neglecting  to  pay  over  money,  §  425. 

Perjury,    §§    126-128. 

Poison,   administering  with   intent   to   kill,  §   216. 

Poisoning  animals,   §   596. 

Poisoning  food,  medicine  or  water,  §  347. 

Poll  lists,  interfering  with,  §  45. 

Presence  of  defendant  at  judgment  necessary,  §   1193. 

Presence  of  defendant   necessary  at  trial,  §  1043. 

Presence  of  defendant  when  verdict  rendered,  §  1148. 

Presenting  fraudulent  bill  or  claim  to  officer,  §   72. 

President,  offenses  against,  p.  582,  Stats. 

Prisons,   bringing   drugs,   liquors,    weapons   or   explosives 

Prisoner,   discharged,   going  on  gi-ounds  of  prison  or  re- 
formatory  in  night,  §    171b. 
into,   §    171a. 

Prison,   bringing   contraband   articles   into,   §    180a. 

Prize  fights,   engaging  in  or  aiding  in,   §   412. 

Prize  fight,  leaving  state  to  engage  in,-  §  414. 

Procedure   where   jury   discharged   for   want  of  jurisdic- 
tion, §§    1115,   1116. 

Prostitution,   compulsory,   of   women,   p.    653,   Stats. 

Prostitution,  husband  conniving  or  consenting  to  placing 
wife  in  house  of,  §  26(5g. 

Prostitution,  husband  placing  wife  in  house  of,  §  266g. 

Prostitution,  paying  for  woman  for  purpose  of,  §   266e. 

Prostitution,    paying   for   woman    to    place    her   in   house 
against    will,    §    266e. 

Prostitution,  placing  woman   in  custody  for,  §   266d. 

Prostitution,    sale    of    woman    for    immoral    purposes,    § 
266f. 

Prostitution,    placing    married    woman    in    house    of,    § 
2669;    p.    654,   Stats. 

Punishment,  in  general,  §  12. 

Punishment,  limits  on,  §    13. 

Punishment  of,  when  not  otherwise  prescribed,  §  18. 

Punishment,   when   not   otherwise   provided,   §    18. 

Railroad  employee,  negligence  of,  causing  death,  §  369. 

Railroad"  employee    causing   death    through    intoxication, 
§    369f. 

Railroad,  placing  passenger  car  in   front  of  freight-car, 
§   392. 


Eailroad  property  or  bridges,  injury  to,  §  587. 
Eailroad,  putting  explosive  on  tracli,  §  218. 
Eailroads,  train  wrecking  a  felony,  §§   218,  219. 
Eailroad  or  train,   interfering  with   for   purpose   of   rob- 
bery,  §   214. 
Eape,    §    264. 

Eeceiving  stolen  goods,   §  496. 
Eeceiving  portion  of  wages  of  laborer  on  public  works. 

§  653d. 
Eeeords,   destroying,  stealing,  altering  or  mutilating,   §§ 

113,    114. 
Eeferee,  attempt  to  influence,  §  95. 
Eeformatories,    drugs,    liquors,    weapons     or     explosives, 

bringing   into,    §    171a. 
Eeformatories,    act    relating    to    bringing    guns,    etc.,    on 

grounds   of,   §   171a,  note. 
Eescue   of  prisoner,   §    101. 
Eesolution,   legislature,    altering,    §§    83,    84. 
Eeturns,  interfering  with,  §  45. 
Eobbery,  §   213. 

Secretaries,  executive,  offenses  against,  p.   582,  Stats. 
Seduction,  p.  690,  Stats. 

Seduction  for  purpose  of  prostitution,  §  266. 
Seduction  under  promise  of  marriage,  §  268. 
Signals,  injury  to   or  'exhibiting  false,   §  610. 
State  printer,  fraud  or  collusion  by,  §§  99,  100. 
State  treasurer,  violation  of  law  by,  §  441. 
Steam  boilers,  mismanagement  of,  §  349. 
Steam  boiler  or  engine,  negligently  managing,  §  368. 
Tax    receipts,    possessing    other    than    those    allowed    by 

law,  §  432. 
Telegram,  obtaining  by  false  personation,  §  621. 
Telegraph    message,    clandestinely    learning    contents,    ? 

640. 
Telegraph  message,  conspiracy  concerning,  §  474. 
Telegraph  message,  disclosing  contents,  §  619. 
Telegraph    message,    employee    using    information    of,    T 

639. 
Telegraph   message,  forging,  §  474. 
Telegraph   message,   opening,   §   621. 
Treason,  misprision  of,  §  38. 
Vessel,  injuring  or  destroying,  §  540. 
Vice-president,  offenses  against,  p.  582,  Stats. 
Voting,   fraudulent,    §   45. 

Witness  receiving  bribe  for  absenting  himself,  §  138. 
Written  instrument,  injury  to,  §  617. 


FEMALE— FINE.  807 

FEMALE,  abduction  of,  §   265. 

Abduction  of,  for  purpose  of  prostitution,  §  266. 

Abduction  of,  under  eighteen  years  of  age,  from  par- 
ent, §  267. 

Defendant,  under  sentence  of  death,  proceedings  when 
supposed  to  be  pregnant,  §  1225. 

Employing  to  sell  liquor  at  theaters,  etc.,  §  303. 

Procuring  to  perform  in  public,  where  liquors  are  sold, 
§   306. 

Prisoners  to  be  separated  from  male,  §  1599. 

FEMININE  included  in  masculine,  §  7. 

FENCE,  destroying,  §  602. 

Leaving  inclosures  open,  pp.  598,  599,  Stats. 
Tearing  down  to  make  passage,  p.  598,  Stats. 

FENDERS.     Compliance    with    orders    of    supervisors    suffi* 
cient,  §  369a. 
Duty  of  railroad  companies  to   use,  §  369a. 

FEBBY,  maintaining  unlawfully,   §   386. 
Neglecting  to  pay  toll,  §  389. 
Violating  condition  of  undertaking  to  keep,  §  387. 

FICTITIOUS  NAME,  indictment  by,  §§  953,  989. 

FINDER,  lost  property,  guilty  of  larceny,  when,  §  485. 

FINE,  bail  on  appeal  from,  §   1273. 

Children,  fines  for  offenses,  disposition  of,  §  273c. 

Corporation,  of,  collection,  §  1397. 

Deposit  instead  of  bail  to  be  applied  to,  §  1297. 

Disposed  of,  how,  §§  1457,  1570. 

Disposed  of,  how,  from  game  law,  §§  628,  629,  631b, 
632,  635,  637. 

Execution  of  judgment  for,  §§  1214,  1215,  1456. 

Explosives,  for  failure  to  keep  record  of  sales  of,  § 
375a. 

Game  laws,  fines  for  violating,  how  disposed  of,  §§  628(1, 
629. 

Imprisonment  and,   §   1205. 

Imprisonment,  fine  may  be  added  to  where  no  fine  pre- 
scribed, §  672. 

Imprisonment  till  paid,  §§   1205,   1446,  1456. 

Justice's   court,   in,   §§   1446,    1457. 

Lien,  Judgment  for,  constitutes,  §  1206. 


908  FINE— FISH. 

Judgment  for,  constitutes  a  lien,  §   1206. 
Judgment   for,   execution   may   issue   on,   §    1214. 
Officer 's   failure   to   pay   over,   §   427. 
Ordinances,  for  violation  of,  disposition  of,   §   1457. 
Payment  of,  defendant  to  be  discharged,  §   1457. 
Suspension   of   sentence   and   placing   defendant   on   pro- 
bation in  case  of,  §§  1203,  1215. 

FIHE,  burning  bridges,  grain,  etc.,  maliciously,  §  600. 

Burning   property   not   subject   of   arson,   punishmen',, 
600. 

Camper  leaving,  act  relating  to,  §  384b,  note. 

Camper  leaving  fire  burning,  a  misdemeanor,  §  384b. 

Destruction   by,  of   property   of   contiguous   owners,   act 
to    prevent,    p.    601. 

Destruction  of  forest  by  fire  on  public  land,  act  to  pre- 
vent,   p.    600. 

False  alarm  of,  turning  in,  punishment  of,  §  625a. 

Fire    alarm    apparatus,    interference    with,    punishment 
of,  §  625a. 

Goods  saved  from,  in  San  Francisco,  failure  to  notify, 
punishment  of,  §  500. 

Insured  property,  burning,  §  548. 

Larceny  of  goods  saved  from,  §  500. 

Maliciously  burning  rafts,  boards,  etc.,  §  60S. 

Malicious,  in  general,  §  600. 

Negligently   firing  woods,   grasses,   etc.,   a   misdemeanor, 
§    384. 

Negligently    setting    on    property    not    one 's    own,    pun- 
ishment of,   §  384. 

Negligently  setting  without  providing  against  escape,  a 
misdemeanor,  §  384a. 

Negligently   setting   without   providing   barrier,   §    384a, 
,  note. 

Obstructing   attempt   to    extinguish,   §    385. 

Prisoners  removed  in   case   of,   §    1607. 

Woods,  grass,  etc.,  setting  on  fire,  §  384. 

FIREARMS,   selling  to   Indians,   §   398. 

See  Ammunition;   Arms. 

FIRE  DEPARTMENT,  false  certificates  of  officers,  §  649. 

FISH:   See  Fish  Commissioners;   Fishways;    Game   Law. 

Act  to  prevent  destruction  of  in  Bolinas  Bay  continued 
in  force,   §   23. 


FISH— FOLSOM.  809 

Act  tc  prevent  destruction  of  in  Lake  Merritt  con- 
tinued in  force,   §  23. 

Act  to  prevent  destruction  of  fish  in  Napa  Eiver, 
continued   in   force,    §   23. 

Act  to  regulate  salmon  fisheries  in  Eel  Eiver,  con- 
tinued  in  force,    §    23. 

Effect  0     code  on  statutes  respecting,  §  23. 

Aliens  incaj^able  of  becoming  electors  prohibited  from 
fishing,   p.   603,   Stats. 

Costs  of  trial  for  violations  of  law  to  be  paid  by  state, 
p.  602,  Stats. 

Ditches  and  flumes,  proprietors  of  to  prevent  passage 
of  fish  into,  p.  606,  Stats. 

Trout  in  Siskiyou  County,  act  concerning  continued  in 
force,   §  23. 

FISH  COMMISSIONERS,  nets  and  seines,  actions  to  for- 
feit,  §   636a. 

Nets  and  seines,  proceedings  in  actions  to  forfeit,  § 
636a. 

Hatchery  at  Sissons,  authorized  to  purchase,  p.  601, 
Stats. 

Notifying   owners   to    construct  fishways,   §   687. 

Kings  Eiver,  destruction  of  fish  in,  act  to  prevent,  p. 
606. 

Lake  Chabot,  fishing  in  forbidden,  p.  60.5,  Stats. 

Lake  Bigler,  preservation  of  fish  in,  p.  606,  Stats. 

San  Antonio  Creek,  fish  not  to  be  caught  with  nets, 
seines,  etc.,  p.*  605,  Stats.     • 

San  Leandro  Creek,  fishing  in,  forbidden,  p.  60.5,  Stats. 

To   examine   dams   and   obstructions   in   rivers,   §   637. 

FISHWAY,   construction    of,   §   637. 

Penalty  for  not  keeping  open  or  repairing,  §  637. 
Penalty  for  obstruction  of  or  injury  to,  §  637. 
Penalty  for  catching  fish  within  three  hundred  feet  of, 

§  637. 
Streams  frequented  by  migratory  fish,  in,  p.  603,  Stats. 

FIXTURE,  larceny  of,  §  495. 

FLAG,  desecration  of  prohibited,  p.  607,  Stats, 

FLUME,  malicious  injury  to,  §  592. 
Malicious  injury  to,  §  607. 

FOLSOM,   prison  at:   See  post,  title  Prisons. 


SIO  FOOD— FORFEITURE    OF    OFFICE. 

FOOD:   See  Adulteration. 

Tainted  or  decayed,  sale  of,  §  383. 

FORCIBLE    ENTRY    AND    DETAINER,    punishment    of,    § 
418. 

FOREIGN  acquittal  or  conviction,  §  656. 

Conviction,    punishment    of    subsequent    offense    in    case 

of,  §  668. 
Convicts,  importing,  §   173. 

Corporation,  no   defense  that  corporation  is,  §  571. 
Insurance    company    doing   business    without    complying 

with  law,  a  misdemeanor,  §  439. 
Law,  acts  punishable  under,  §  655. 

FOREIGNERS:   See  Aliens. 

FOREMAN  OF   GRAND   JURY,  appointment  of,   §   902. 
Indictment  presented  by,  §  944. 
May  administer  oath  to  witnesses,  §  918. 
Oath  of,  §  903. 
Presentment  must  be  signed  by,  §  931. 

FOREST,  destruction  of  by  fire  on  public  land,  act  to  pre- 
vent, p.  600. 

FORFEITURE   abolished,   §   677. 

Bail  of,  §§  979,  1305-1307,  1570. 
Convict,  forfeits  .what  rights,  §  673. 
Conviction  not  to  work,   §   677. 

Credits  of  prisoner  for  good  behavior,   §§   1590,   1591. 
Disposed  of,  how,  §§   1457,  1570. 
License,  for  holding  mock  auctions,  §  535. 
Lottery,  property  offered  for  disposal  in,  §  325. 
Officer's  failure  to  pay  over,  §  427. 

Ordinances,  forfeitures  for  violation   of,   disposition  of, 
§   1570. 

See   Fines. 

FORFEITURE  OF  OFFICE,  acting  without  qualifying  for, 
§  65. 
Asking  or  receiving  bribes,  for,  §  68. 
Conviction  of  crime,  for,   §   98. 

Executive  officer  receiving  bribe  forfeits  office,  §  68. 
Inhumanity  to  prisoners,  for,  §  147. 


FORFEITURE    OF    OFFICE— JJ'ORM.  811 

Judge   receiving   part   of   reporter's   fees   forfeits   office, 

§  94. 
Legislators,  by,  §  88. 

Legislator  receiving  bribe  forfeits  office,  §  86. 
Office,  forfeiture  of,  for  taking  what  rewards,  §  74. 
Eeceiving   reward   for   appointment,   for,    §    74. 
State  printer  guilty  of  misconduct,  forfeits  office,  §  100. 
Violation  of  duties,  for,  §  661. 

FORGERY,  acts  amounting  to,  §§  443,  470. 
Defined,  §  470. 
Election  returns,  of,   §  50. 
Evidence    of    incorporation    on    forgery    of    bank    bills 

and  notes,   §   1107. 
Fictitious    bills,    notes,    etc.,    making,    uttering,    etc.,    § 

476, 
In   general,    §   470. 
Instruments  subject  of,   §§  443,  470. 
Misdescription   in   indictment   or   information   for   when 

instrument   destroyed  or  withheld.   §   965. 
Passing  or  receiving  forged  notes  or  bills,   punishment 

of,  §  475. 
Possession   of  blank   or   unfinished   notes   or  bank  bills, 

punishment   of,   §   475. 
Possession  of  forged  bills  and  notes,  §  475. 
Public  documents,  of,   §§   113,  114. 
Punishment  of,   §   473. 
Eailroad  ticket,  check,  etc.,   §  481. 
Eailroad   ticket,   check,   etc.,   restoring,   §  482. 
Records,   of,   §§    113,   114,   471. 
Record,  offering  forged  instrument  for,  §   115. 
Returns,  of,  §  471. 
Seals,  of,  §  472. 
Telegraph   message,   of,   §   474. 
Telegraph,  sending  false  message  by,  §  474. 
Telephone,   sending  false   message   by,   §   474. 
Ticket,  pass,  etc.,  forging,   altering,  etc.,   §   481. 
Tickets,   pass,  etc.,   restoring  with   intent   to   defraud,   § 

482. 
Trademark,  §   350. 
AVhat  constitutes,  §  470. 

FORM,  accusation,  against  officer,   §   759. 

All   forms   of   are  prescribed  by   code,  §   948. 

Bail   after  indictment,  form  of  undertaking,  §   1287. 


812  FOR  Vr— FORMER     JEOPARDY. 

Bench-warrant,   §§   935,   981,   982,   1197. 

Bencli-warrant  after  conviction,  §   1197. 

Bench-warrant  under  indictment  or   information,   §   981. 

Commitment,   §§   863,   872,   873,   877. 

Coroner's    warrant,    §    1518. 

Indictment,  §  951. 

Oath  of  foreman  of  grand  jury,   §  903. 

Oath  of  grand  juror,  §   904. 

Oatli  of  juror  in  police  or  justice's  court,  §   1437. 

Oath  of  officer  having  charge   of  jury,   §   1440. 

Objection  to  accusation,  §   763. 

Plea,  §   1017. 

Pleas,  form  of,  §  1017. 

Search-warrant,  §  1529. 

Subpoena,   §   1327. 

Summons  against  corporations,  §  1391. 

Summons   to    corporation,   form   of,   §    1391. 

Undertaking  on  bail,    §§   1278,   1316. 

Undertaking   of    bail    after   re-commitment,    §    1316. 

Verdict,  §§  1151,  1158. 

Verdict  on  previous  conviction,  §   1158. 

Verdict,  special,  §  1154. 

Warrant  of  arrest,   §§  814,   1427. 

FORMER  ACQUITTAL:   See  Former  Jeopardy. 

FORMER  CONVICTION:  See  Former  Jeopardy,  §  654. 

FORMER  JEOPARDY,  in  general,  §  654. 

Acquittal,  former,  a  bar,  though  indictment  defective, 
§  1022. 

Acquittal  in  prosecution  under  different  code  section, 
§  654. 

Acquittal,  what  is  a  former,   §   1022. 

Acquittal,  what  not  a  former,   §  1021. 

Arrest  of  judgment,  verdict  not  a  bar,  §   1188. 

Conviction  in  prosecution  under  different  code  sec- 
tion,  §   654. 

County,  acquittal  or  conviction  out  of,  §   794. 

Demurrer  to  indictment  sustained,  whether  bar  to  an- 
other prosecution,   §   1008. 

Dismissal  of  action  as  bar,   §   1387. 

Foreign  acquittal  or  conviction,  §§   793,  794,  656. 

Higher  offense,  conviction  or  acquittal  of,  §   1023. 

Indictment,  dismissal  of,  §  1021. 


FORMER    JEOPARDY— FRAUD.  813 

Judgment   on   plea  of,    §    1155. 

Jury  discharged,  retrial  of  cause,  §§  1141,  1147. 

Justice's    court,    retrial    of    defendant    on    discharge    of 

jury,  §  1444. 
New  trial,  §   1180. 

Offense   included   in    former   charge,    §    1023. 
Plea  of,  §   1016. 
Proof  of,  §  1204. 

Second  prosecution  prohibited,  §   687. 
Setting    aside    indictment    or    information     no    bar    to 

future  prosecution,  §   999. 
Variance,  acquittal  on  ground   of,  §   1021. 
Verdict,  jury  prevented  from  giving,  trial  again,  §  Il41. 
What  is  a  former  acquittal,  §  1022. 
What  not  a  former  acquittal,   §   1021. 

See  Indictment;   Information;   Plea. 

FORNICATION:   See  Prostitution. 

FRAUD:    See    Cheat;    False    Personation;    Fnlse    Pretenses; 

Mortgage. 
Agent,   false   statement   by,   §   536. 
Bill  of  lading,   §   541. 

Bills  of  lading,  etc.,  fraudulent   issue,   §§   577-580. 
Birth,  in  respect  to,  §   156. 
Butter   and   cheese   fraud   in   manufacture   and   sale    of, 

p.  574,  Stats. 
Concealing   property   by   debtor,    §    154. 
Concealing  property  by  defendant,  §  155. 
Consignee,  false  statement  by,  §  53G. 
Conspiracy  to   defraud,   §   182. 
Corporation:  See  Corjioration. 
Corporation,  in  accounts  of,   §  563. 

Corporation,  in   organizing  or  increasing   capital,   §   558. 
Corporations,   in   procuring  organization   of,   §   558. 
Corporations,   keeping  accounts   of,   §   563. 
Corporations,    subscrij^tious    of    stock    of,    §    557.* 
Corporation,  publisliing  prospectus  of,  §   559. 
Debtor,  by,  in  respect  to  his  property,   §§   154,   155. 
Deceiving  witness,   §   133. 
Documents,  fraudulent   issue,   §§   577-581. 
Druggist,  fraud  by,  §  380. 

False  imprint,  stamps  and  labels,  p.  633,  Stats. 
False    proofs   upon    insurance    policy,    jmnishment    of,    § 

549. 


814  FRAUD— FRAUDULENT    INSOLVENCIES. 

False   statement   by   broker   agent,   etc.,   punishment   of, 
§   536. 

Indictment  or  information,  §  967. 

Inns,  etc.,  defrauding,   §  537. 

Insolvency,  fraudulent,  §§  557-572. 

Intent  to  defraud,  sufficiency,   §   8. 

Invoice,  ship's  register,  protest,  etc.,  §   541. 

Joint    stock    companv,    fraud    in    keeping    accounts    of, 
§   563. 

Labels  on  goods,  false,   a  misdemeanor,   §   349a. 

Labels,  false,  on  goods,  penalty,   §   349a. 

Livery-stable   keeper,   defrauding,    §    537b. 

Market   price,   to    affect,    §    395. 

Married  person  conveying  lands,   §  534. 

Misrepresentations    of    conditions     of     employment,    p. 
635,  Stats. 

Mock    auction,    obtaining   money    or    property   by,    pun- 
ishment  of,    §   535. 

Mortgaged    personalty,    transfer    of,    §    538. 

Officer,  false  statement  by,  p.   587,  Stats. 

Putting  in   extraneous   substances   in   goods   sold   to   in- 
crease weight,  §   381. 
.  Quality  of  goods  sold,  false  statements  as  to,  §  654a. 

Eegistration    of    animals,    fraud    in    a    misdemeanor,    § 
5371/2. 

Special   partnership,   fraud   in   affairs   of,   §   358. 

Substituting  child,  §   157. 

Selling  land  twice,   §   533. 

Ship  's  register,  fraud  in,  §  541. 

Special  partnership,  in,  §  358. 

Subscription  to  stock,  in,  §   557. 

Telegraph  or  telephone   message,   procuring  by   fraud,    § 
621. 

"Weights   and    measures,    false,    §§    552-555. 

Wine,  fraud  in  manufacture  and  sale  of,  p.  551,  Stats. 

Winning  at  play  by,  §   332. 

Wrecking  property,  §  539. 

FRAUDULENT  CONVEYANCE,  by  debtor,  a  misdemeanor, 

§  531. 
By  debtor,  punishment  of,  §§  154,  155. 
Penalty  for  being  party  to,  §  531. 

FRAUDULENT   INSOLVENCIES,  bv   corporations,   etc.,   §§ 
557-572. 


FREEHOLD— GAME    LAWS.  815 

FREEHOLD,  malicious  injuries  to,   §   602. 

Malicious  trespass  to,  a  misdemeanor,  §§  602,  603. 

FRESNO    COUNTY,    act    to    protect    stock-raisers    in,    con- 
tinued in  force,  §  23. 

FUGITIVES  FROM  JUSTICE:    See  Extradition. 

From  this  state,  §  1557. 

Governor,  when  may  offer  reward  for,  §   1547. 
Homicide  in  arresting,  when  justifiable,   §   196. 
Eewards  for  apprehension  of,  §  1547. 

FUNDING  ACTS  continued  in  force,   §   23. 

GAMBLING,  aiding,  §  337. 

Election,   on,    §    60. 

Games  prohibited,  enumeration  of,  §  330. 

Infant,  permitting  to  gamble,  §  336. 

Lessee  permitting  infant  to  gamble,  §  336. 

Licensing,   §    337. 

Market  price,  fraud  to  affect,  §  395. 

Officers'  duties  respecting,  §  335. 

Officers    giving    authority    to    conduct,    punishment    of, 
§  337. 

Officers    receiving    consideration    for    protection,    punish- 
ment of,  §  337. 

Permitting  by  owner  or  lessor  of  building,   §§  331,  336. 

Punishment  of,  §  330. 

Supervisors    voting    for    ordinance    permitting,    punish- 
ment of,  §  337. 
rial,  witness  not  attending,   §   333. 

Winning  at  play  by  fraudulent  means,  §  332. 

Witness'  privilege,  §  334. 

GAMBLING-HOUSE,  prevailing  upon  person  to  visit,  §  318. 

GAME  LAWS,  abalone,  protection  of,  §  628. 
Abalone  shells,  possession  of,   §   628. 
Animals,    possession    of    for    propagation    and    science, 

§   6261. 
Antelope,   protection   of,   §   626e. 
Bag,  limit  of  one   day's  bag,  §   626d. 
Bass,  black,  taking  only  with   hook  and  line,   §   628b. 
Bass,  black,  closed  season,  §   G28b. 
Bass,   black,   possession   during  closed   season,   §   628b. 


GAME    LAWS. 

Bass,  striped,  limit   on  size,   §   628a. 

Bass,    striped,    possession,    catching,    buying    or    selling, 
§  628a. 

Bass,  striped,  setting  net  or  seine  for,  when  forbidden, 
§  634. 

Birds,  close  season,  §  626. 

Birds,  netting  or  trapping  of,  §   631. 

Birds,  possession  during  closed  season,  §  626. 

Birds,  possession  or  taking  for  propagation  and  science, 
§§  6261,  631. 

Birds,    transportation    out    of    state    for   propagation    or 
science,  §§  627,  627a. 

Birds,   wild,   protection  of,   §   637a. 

Black  bass,  closed  season,  §  628b. 

Black   bass,   possession   during   closed   season,   §    628b. 

Blue   cranes,   capture  and  destruction   of,   §   599;    act  to 
prevent,  p.  608. 

Bob-white,  protection  of,  §  626c. 

Bob-white,  shooting  on  private  grounds,  penalty,  §  627. 

Canals,  screens  to  be  placed  at  inlet  of,  §  629. 

Carriers,    regulations    governing    transportation    of    fish, 
§  632a. 

Carrier,  shipments  by,  limit  on  amount  of,  §  627b. 
.  Carrier  to  label  shipments  of  game,  §  627b. 

Carrier,  transportation  of  game  out  of  state  for  propa- 
gation or  science,  §§  627,  627a. 

Carrier,   transportation   of   game   out   of   state,   penalty, 
§§   627,   627a. 

Chinese  sturgeon  lines,  use  of  forbidden,  §  636. 

Crabs,  closed  season,  §  628. 

Crabs,   female,    catching,   sale,   or   possession    of,    §    628. 

Crab,  limit  on  size,  §   628. 

Crabs,   possession,    purchase    or   sale    during   closed   sea- 
son, §  628. 

Crawfish,  closed  season,  §   628. 

Crawfish,  possession  during  closed  season,  §  628. 

Crawfish,  undersize,  possession  of,  §  628. 

Cruelty  to  animals,  provisions  relating  to  do  not  affect, 
'§  599c. 

Cultivated  land,  hunting  on,  penalty,  §   627. 

Curlew,   closed  season,   §   626. 

Curlew,    hunting    on    private    ground,    penalty,    §    627. 

Curlew,  killing  during  closed  season,  §  626. 

Curlew,  limit  of  one  day's  bag,  §  626d. 


GAME     LAWS.  817 

Curlew,   limit    of   amount   that   can   be   shipped    in   one 

day,  §  627b. 
Curlew,  netting  or- trapping  of,  §  631. 
Deer,   female,  protection   of,   §   626e. 
Deer,    female,    possession,    purchase    or    sale    of    pelt,    § 

626h. 
Deer,  hunting  on  private  ground,  penalty,  §  627. 
Deer,  limit  on  during  one  season,  §  626i. 
Deer,  male,  closed  season,  §   626f. 
Deer,  male,  shipped  into  state,  §  626f. 
Deer  meat,  possession  between  certain  dates,  §  626f. 
Deer  meat,  sale  of,  penalty  for,   §   626k. 
Deer    on    Mt.    Diablo,    act    to    prevent    destruction    of, 

p.   608. 
Deer,   only   three   may  be   killed,   §   626i. 
Deer  pelts,  possession,  purchase  or  sale  of,  §  626h. 
Deer,  possession  of  meat,  §  626f. 
Deer,    possession    of    pelt    from   which    evidence    of    sex 

removed,  §  626h. 
Deer,  running  or  trailing.  §  626j. 

Deer,  transportation  of  in  any  quantity,  penalty,  §  627b. 
Ditches,  screens  to  be  placed  at  inlet  of,  §  629. 
Dove,  closed   season,   §   626a. 

Dove,    hunting    on    private    property,    penalty,    §    627. 
Dove,  limit  of  one  day's  bag,   §  626d. 
Dove,  limit  on  amount  that  can  be  shipped  in  one  day, 

§   627b. 
Dove,   possession   during   closed   season,    §    626a. 
Dove,  sale   of,   §   626k. 
Duck,  closed  season,  §  626. 

Duck,  hunting  on  private   property,   penalty,   §   627. 
Duck,  killing  during  closed  season,   §  626. 
Duck,  limit  of  one   day's  bag,   §   626d. 
Duck,    limit    of    amount    that    can    be    shipped    in    one 

day,  §  627b. 
Duck,   netting   or   trapping   of,    §   631. 
Duck,  wild,  netting  or  trapping,*penalty,  §  631. 
Effect   of  code   on   statutes   respecting,   §   23. 
Eggs,  destroying  or  possessing,  §  62Gb. 
Eggs   of   meadow  lark,   penalty   for   destroying,   §   637a. 
Eggs,  wild   birds  of,  protection   of,   §   637a. 
Elk,   female,   protection   of,   §   626c. 
Elk,  killing  a  felony,  §  599. 
Explosives  in  fishing,  §  635. 

Pen.  Code— 52 


GAME    LAWS. 

Fawn,   spotted,   possession,   sale   or   purchase   of   pelt,    § 

626h, 
Female  deer,  elk,   etc.,   §   626e. 
Fines,  disposition  of,  §§  628,  628d,  629,  631b,  632,  632a, 

634,  635. 
Fish    catching    from    pond,    reservoir    or    stream    with 

hatchery,  §  628c. 
Fish,  catching  in  private  pond  or  reservoir,   §   628c. 
Fish  for  artificial  hatching,   §   634. 
Fish,   regulations   governing  transportation,   §   632a. 
Fish,  right  of  state  fish  commission  to   take,   §   628c. 
Fish,  right  of  United  States  fish  commission  to  take,  § 

628c. 
Fish,    screens    at    inlet    of     irrigating    ditch,    mill-race, 

etc.,  §  629. 
Fish    taken    out    of    state,    no    defense    to    prosecution, 

when,  §  634. 
Fish,  young,  catching  by  seine,  §  628e. 
Fish,  young,  catching  and  not  returning  to  water,  §  628c. 
Fish,  young,  possession  or  sale  of,   §   628c. 
Fish,  young,  fresh  or  dried,  offering  for  sale,  §   628e. 
Fish   commissioners   to   examine   dams   and   obstructions 

in  rivers,   §   637. 
Fish  commissioners  to   notify  owners   to   construct   fish- 
ways,  §  637. 
Fishing,    nets,   seines    or   lines,   what   unlawful,    §§    636, 

636a. 
Fishways  or  ladders,  penalties  for  not  keeping,  §  637. 
Fishways:   See  Fishways. 

Foreign   state   or   country,    shipping  birds   from,    §    626. 
Foreign  state  or  country,  shipping  deer  into,   §   626f. 
Game,   transportation    out    of    state   for   propagation    or 

science,  §§  627,  627a. 
Grouse,  close  season,  §  626. 

Grouse,  hunting  on  private  property,  penalty,  §  627. 
Grouse,   killing   during  closed  season,   §   626. 
Grouse,   limit   on    amou  t    that   can   be    shipped    in   one 

day,   §   627b. 
Grouse,  netting  or  trapping  of,   §  631. 
Grouse,  netting  or  trapping,  penalty,  §  631. 
Grouse,   sale   of,   penalty  for,   §    626k. 
Gulls,  protection  of,  §  599. 

Hunting    in    night-time,    penalty   for,    §    626m. 
Hunting  on  another's  land,  §  627. 


GAME    LAWS.  •  819 

Hunting  on  inclosed  or  cultivated  land,  penalty,  §  627; 

p.  599,  Stats. 
Hunting   without   permission,    §§    602,    627, 
Ibis,   closed   season,   §   626. 

Ibis,    hunting   on    private    ground,    penalty,    §    627. 
Ibis,  killing  during  closed  season,  §  626. 
Ibis,  limit  of  one  day's  bag,  §  626d. 
Ibis,  limit  on  amount  that  can  be  shipped  in  one   day, 

§  627b. 
Ibis,  netting  or  trapping  of,  §  631. 
Ibis,  sale  of,  penalty  for,  §  626k. 

Inclosed  land,  hunting  on,  penalty,  §  627;  p.  599,  Stats. 
Injury  to  fish,   etc.,   §    602. 

Irrigating  ditch,  screens  to  be  put  at  inlet  of,  §  629. 
Klamath   Eiver,   limits   of   tide   water   in,    §§    634. 
Killing  animal,  while  hunting  on  enclosed  land,  §   384c. 
Labeled,  shipments  of  game  to  be,  §  627b. 
Limit  on  amount  of  game  that  can  be  shipped,  §  627b. 
Limit  to  birds  that  may  be  killed,  §  626d. 
Limit  to   deer  that  may  be  killed,   §   626i. 
Lines,  use  of,  what  forbidden,  §  636. 
Lobster,  closed  season,   §   628. 
Lobster,  limit  on  size,  §  628. 

Lobster,   possession   during  closed  season,   §   628. 
Meadow  lark,  injuring  eggs  or  nest  of,   §  637a. 
Meadow  lark,  taking  for  science  or  propagation,  §  637a. 
Mocking-birds    and    their    nests,    protection    of,    p.    609, 

Stats, 
Mountain    quail,   closed   season,    §    626. 
Mountain  sheep,  protection  of,  §   626e. 
Mt.   Diablo,   deer   on,    act    to  prevent   destruction   of,   p. 

608. 
Nests,   destroying  or  possessing,   §   626b. 
Nests  of  meadow  larks,  penalty  for  injuring,  §'  637a. 
Nests,  robbing,  penalty,  §  637a. 
Net,  lawful,   what  is,  "§   632. 
Net  or  seine,  what  unlawful,  §§  636,  636a. 
Net   or   seine,   what   unlawful    in   salmon   fishing,    §    634. 
Net,  setting  for  fisli,   §§  632,  634,  636. 
Net,  set,  what  is,   §   636. 

Nets,  seines,   etc.,  declared  public  nuisance,   §   636a. 
Nets,   seines,    etc.,   seizure,   forfeiture,    etc.,   of,    §    636a. 
Nets,  traps  or  wires,  etc.,  catching  birds  or  animals  by, 

§   631. 

27 


GAME    LAWS. 

Nets,  traps  or  wires,  possession,  sale  or  transporting  of 
birds  or  animals  taken  by,   §  631. 

Nets,  traps  or  wires,  taking  birds  or  animals  by,  evi- 
dence, §  631. 

Netting  quail,   grouse,   etc.,   §   631. 

Nevada   County,   protection   of   game   in,   p.    607,   Stats. 

Night-time   hunting,   §   626m. 

Notice  forbidding  shooting,  tearing  down  or  mutilat- 
ing,  §  627. 

Notice  forbidding  shooting,  injuring  or  tearing  down, 
penalty,  §  627. 

Partridge,  closed  season,   §   626. 

Partridge,   hunting  on  private  property,  penalty,  §   627. 

Partridge,   imported,   killing   or   possessing,    §    626c. 

Partridge,  limit  of  one  day's  bag,   §   626d. 

Partridge,  limit  on  amount  that  can  be  shipped  in 
one  day,  §  627b. 

Partridge,  netting  or  trapping  of,  §  631. 

Partridge,  possession  during  closed  season,  §  626. 

Partridges,  protection  of,  §§  626,  626c. 

Partridges,  sale  of  prohibited,  §  626k. 

Penalty  for  violating  game  laws,   §   631a. 

Pheasants,  hunting  on  private  property,  penalty,  §   627. 

Pheasants,  protection  of,  §  626c. 

Pheasants,   sale  of,  penalty  for,   §   626k. 

Plover,   closed  season,   §   626. 

Plover,  nunting  on  private  ground,  penalty,  §   627. 

Plover,  killing  during  closed  season,   §  626. 

Plover,   sale   of,   penalty   for,   §   626k. 

Pollution  of  water,  punishment  for,  §  63.5. 

Possession   of    birds,    when    prohibited,    §    626. 

Possession  of  deer  meat,  §  626f. 

Possession   of   deer  pelts,   §   626h. 

Possession  of  salmon,  §  634. 

Possession   of   snared  birds,   §   631. 

Private   property,  hunting  on,   penalty,   §   627. 

Propagation,   birds   for,   §    631. 

Propagation,  catching  salmon  for,  §  634. 

Propagation,  netting  or  trapping  of  birds  for,  §  631. 

Propagation,  possession  of  animals  for,  §  6261. 

Propagation,  transportation  of  game  out  of  state  for, 
§§   627,   627a. 

Propagation,  taking  fish,  birds  or  animals  for,  §§  628c, 
631. 


GAME     LAWS.  821 

Propagation,  taking  fish  for,  §  632. 

Punishment  for  violating,  §§  628d,  631a,  631c,  632,  632a. 

Quail,   bob  white,   killing  or   possession,   §   626e. 

Quail,   close  season,   §   626. 

Quail,  eastern  or  Chinese,  protection  of,  §  626c. 

Quail,    hunting    on    private    property,    penalty,    §    627. 

Quail,   imported,   killing  or  possession,   §   626c. 

Quail,  limit  of  one  day's  bag,  §  626d. 

Quail,  limit  on  amount  that  can  be  shipped  in  one  day, 

§   627b. 
Quail,   mountain,   closed   season,   §   626. 
Quail,   netting   or   trapping   of,    §    631. 
Quail,   netting  or   trapping,   penalty,   §   631. 
Quail,   possession   during  closed   season,    §   626. 
Quail,   sale  of,  penalty,   §   626k. 
Quail,  valley,  closed  season,  §  626. 
Kail,  closed  season,  §  626. 
Rail,  limit  of  one  day 's  bag,  §   626d. 
Rail,  limit  on  amount  that  can  be  shipped  in  one  day, 

§  627b. 
Rail,   possession   during   closed   season,    §    626. 
Rail,  sale  of,   §   626k. 

Sacramento  River,  limits  of  tide  water  in,  §  634. 
Sage  hen,  closed  season,   §   626. 
Sage  hen,  killing  during  closed   season,   §   626. 
Sage  hen,  limit  on  amount  that  can  be  shipped  in  one 

day,   §  627b. 
Sage   hen,   sale    of,   penalty   for,    §    626k. 
Sale  of  deer  pelts,   §   626h. 
Sale  of  fish,  etc.,  §  628. 
Sale  of  game,  §  626. 
Sale  of  salmon,  §  634. 
Sale  of  what  birds  prohibited,  §  626k. 
Salmon,  catching  for  propagation,   §   634. 
Salmon,  closed  season,   §   634. 
Salmon,  seine  or  net,  what  unlawful,  §  634. 
Salmon,    setting    net    or    seine    for,    when    misdemeanor, 

§    634. 
Salmon,    taking,    sale,    or    possession    of    during    closed 

season,  §   634. 
San  Joaquin  River,  limits  of  tide  water  in,  §  634. 
Santa   Monica,   protection   of  seagulls  in,   p.   609,   Stats. 
Science,  netting  or  trapping  of  birds  for,  §  631 
Science,    transportation    of    game    out    of    state    for,    §§ 

627,  762a. 


GAME    LAWS. 

Scientific    purposes,    birds    for,    §§    6261,    631. 
Scientific   purposes,   live    animals   for,    §    6261. 
Scientific  purposes,  taking  fish  for,  §  632. 
Scientific  purposes,  taking  fish,  birds  or  animals  for,   §§ 

628c,   631,  632. 
Screens   to   be   put   at    inlet   of   canal,   irrigating   ditch, 

mill-race,   etc.,    §    629. 
Seagulls,  protection  of  in   Santa  Monica,  p.   609,   Stats. 
Seine,  catching  young  fish  by,  §  628. 
Seine,   setting,    §    636. 

Shad,   setting  net   or  seine   for,   when   forbidden,    §    634. 
Shipments   of  game,   limit  on   amount   of,   §   627b. 
Shipments   of   game   to   be   labeled,    §    627b. 
Shipping  birds  into  state,  when  prohibited,  §  626. 
Shore  birds,  closed  season  for,  §  626. 
Shore  birds,  limit  of  one  day's  bag,  §  626d. 
Shore  birds,  sale  of,  §  626k. 
Shot-gun,  evidence  of  illegal  use,  §  627. 
Shot-gun,  larger  than  ten  gauge,  §  627. 
Shrimps,  closed  season  for,   §  628. 
Shrimps,  possession   during  closed  season,   §   628. 
Shrimps,  dried,   shipment  of,   §  628. 
Shrimp  shells,  shipment,   §   628. 
Skins  of  deer,  possession  or  sale  of,  §  626h. 
Smith's  River,  limits  of  tide  water  in,  §  634. 
Snipe,  hunting  on  private  property,  penalty,  §   627. 
Snipe,  limit  of   one   day's  bag,   §   626d. 
Snipe,    limit    on    amount    that    can    be    shipped    in    one 

day,  §  627b. 
Snipe,  sale  of,  §  626k. 
Snipe,   Wilson,   closed   season,   §   626. 
Spotted  fawns,   §   626e. 
Spotted    fawns,    possession,    purchase    or    sale    of    pelt, 

§  626h. 
Squirrels,  tree,   closed  season,   §   626g. 
Squirrels,  tree,  protection  of,  §  626g. 
State  fish  commission  may  take  fish  for  science  or  propa- 
gation, §  632. 
Steelhead   trout,   closed  season,   §   632. 
Striped  bass,   limit   on   size,    §    628a. 
Striped  bass,   possession,  catching,   purchase   or  sale   of, 

§   628a. 
Striped  bass,  setting  net   or  seine   for,   when   forbidden, 

§  634. 
Sturgeon,   protection   of,    §    628. 


GAME    LAWS— GAS    COMPANY.  823 

Sturgeon,    setting    net    or    seine    for,    when    forbidden, 

§  634. 
Swan,  killing  or  possessing,  §  626c. 
Tidewater,  limits  of  in  various  rivers,  §  634. 
Transporting  game  or  hides  out  of  state,  §  627a. 
Transportation  of  game,  regulations  governing  and  pun- 
ishment for  violating,  §  627b. 
Transportation  of  game,  limit  on  amount  of  shipments, 

§  627b. 
Transportation    of    game    out    of    state    for    science    or 

propagation,  §§  627,  627a. 
Transportation  of  game  out  of  state,  penalty,   §   627. 
Transportation    of    game    prohibited,    when,    §    627a.- 
Transportation    of    game,    shipments    to    be    labeled,    § 

627b. 
Trap,  setting  for  fish,  §  636. 
Trapping  quail,  grouse,  etc.,  §  631. 
Tree  squirrel,  killing  or  possessing,  §   626g. 
Trespass  in  hunting,   §   627. 

Trout,   catching  except   with   hook   and   line,    §    632. 
Trout,  closed   season  for,   §   632. 
Trout,  limit   of  one   day's   catch,   §   632. 
^rout,  limit  on   size,  §   632. 
Trout,    possession,    sale    or    purchase    of    during    closed 

season,   §   632. 
Trout,  steelhead,  closed  season,  §  632. 
Trout,  taking  by  nets, .  etc.,  §  632. 
Trout,  taking  by  net,  lawful   net,  what   is,   §   632. 
United  States  fish  commission  may  take  fish  for  science 

or  propagation,  §  632. 
Valley  quail,   closeci  season,   §   626. 
Water  company,  duty  to  put  screens  over  inlet  to  ditch, 

etc.,  §  629. 
Water    companj^,    failure    to    put    screen    over    inlet    of 

flume,  penalty,  §  629. 
Water,  pollution  of,  §  635. 
Wilson    snipe,    closed    season,    §    626. 

GAS   not  to   be  turned  off  at   meter,   ji.   619,   Stats. 

GAS  COMPANY,  effect  of  code  on  statute  respecting,  §  23. 
Injury   to   works,   §    624. 
Meter,  interfering  with,   §   498. 
Stealing  gas,  §  498. 


S21  GATES— GRAND    JURY. 

GATES,   maliciously  leaving  open,  §   602. 

GENDER   of   words   in   code,    §    7. 

GLANDERS,  killing  infected  animals,  §  602b. 
Sale  or  exposure  of  infected  animal,  §  402. 
Using  or  exposing  animals  with,  a  misdemeanor,  §  402. 

GOLD  COIN,  valuation  to  be  estimated  in,   §  678. 

GOVERNOR,  commutations,  reprieves,  and  pardons,  power 
to  grant,  §   1417. 

Death  sentence,  transmission  of  conviction  and  testi- 
mony to,  §  1218. 

Duties  in  regard  to  death  sentence,  §§  1218,  1219. 

Impeachment,   liable   to,   §    737. 

Insurrection,  power  to  declare  county  in,  §  732. 

Insurrection,    revoking   proclamation    of,    §    733. 

Militia,  power  to  order  out  to  suppress  insurrection, 
§   732. 

Militia,   when   may   order   out,   §§    728,   732. 

Military,  to  order  out  to  aid  in  executing  process, 
when,   §   725. 

Offenses   against,  p.   582,   Stats. 

Ordering  release  of  prisoners,  §  1593. 

Pardon,  power  of  when  convict  twice  convicted,  §  1418. 

Pardons,  etc.,  granted,  to  communicate  to  legislature, 
§  1419. 

Reward  for  apprehension  of  fugitives,   §   1547. 

Reward  for  arrest  of  person  engaged  in  robbery,  p.  610, 
Stats. 

Transmission  of  conviction  and  testimony  to,  on  judg- 
ment of  death,  §  1218. 

Treason,  power  of  in  convictions,  §  1418. 

GRAIN,  injuries  to  growing,   §  604. 

GRAND  ARMY,  unlawfully  wearing  badge  of,  p.  611,  Stats. 

GRAND  JURY:  See  Indictment. 

Accusation   against    officer,    may   present,    §    758. 
Advice  may  be   asked  of  whom,   §   925. 
Challenge  to  juror,  acting  after,  §§  164,  900. 
Challenge  to,  causes  for,   §   896. 
Challenge,  decision  on,   §   898. 
Challenge,  effect  of  allowing,  §  900. 


GRAND    JURY.  825 

Challenge,   opinion,   etc.,   as   ground    for,    §   S96. 
Challenge,  objection  to  be  taken  only  by    §   901. 
Challenge,  oral  or  written,  §  897. 
Challenge,  tried  by  court,  §  897. 
Challenge  juror,  who  may,  §  894.. 
Challenge  to  panel,  causes  for,  §  895. 
Challenge  to  panel,  effect  of  allowing,  §  899. 
Challenge  to  panel,  acting  afterwards,  effect  of,   §   899. 
Challenge   to   panel,   who   may  interpose,   §   894. 
Charge  of  court,   §§   905,  928. 
Conduct  of  juror  not   to   be   questioned,   §   927. 
Coroner,    binding    witnesses    over    to    appear    before,    § 

1514a. 
Corporation,  investigating  charge   against,   §   1395.     ' 
Custody,  proceedings  when   defendant  not  in,   §   945. 
Deliberation  and  inquiry  into  offenses,  §  906. 
Discharge  of,  §  906. 
Disclosing  fact  of  indictment,  §  168. 
Disclosing  what  transpired  before  gi'and  jury,  §  169. 
District    attorney,    advice    and   presence    of,    §    925. 
District  attorney,  ordering  to   institute  suits  to   recover 

moneys  due  counties,  §  929. 
District   attorney,   powers   and   duties   in   relation   to,    § 

925. 
Duties  of  generally,  §§  915,  923. 
Entitled  to  access  to  public   prison,  §   924. 
Entitled    to     examination    of    public     records    without 

charge,   §   924. 
Evidence,  degree  of  to  warrant  indictment,  §  921. 
Evidence,  duty  to   weigh  all,   §   920. 
Evidence  for  defendant,  hearing,  §  920. 
Evidence,  ordering  other  to  be  produced,  §  920. 
Evidence    receivable    before,    §    919. 
Expert  to  examine  official  books,  etc.,  §  928. 
Foreman,  appointment  of,   §   902. 
Foreman,  oath  of,   §   903. 
Indictment    or    information,    disclosing    fact    of    finding, 

§   168. 
Interpreter  before,    §    925. 
Judge,  advice  and  presence  of,  §  925. 
Knowledge  of  offense,  juror  to  declare,  §   922. 
Must  inquire  into  all  public  offenses,  §   915. 
Oath  of  foreman,   §  903. 
Oath  of  jurors,  §  904. 
Oath  to   witness,   foreman    m;iy   administer,    §   918. 


S26  GRAND    JURY— GROWING    TREES. 

Officers,  must  inquire  into  conduct  of,  §§  923,  928. 

Official  books,  etc.,  inquiry  into,   §  928. 

Official   books,   inquiry  into,   employment   of   expert,    §§ 

928,  929. 
Opinion   as   ground   for   challenge,   §    896. 
Perjury   of  juror,    §   927. 
Powers  of,  in   general,   §   915. 
Present  before,  who  may  be,   §   925. 
Prisoners,   must  inquire   into   cases   of,   §   923. 
Prisons,  must  inquire  into  management  of,  §  923. 
Eecovery  of  money  due  county,   ordering  the,   §   929. 
Eeport  of,  comments  not  privileged,   §  928. 
Eeport  of  testimony  taken  before,  §  925. 
Eeporter  and   his   compensation,   §   925. 
Eesubmission  to  where  charges  dismissed,  §  942.   . 
Eetirement  of  and  deliberation,  §  906. 
Secrets  of,  to  be  kept,  except  what,  §  926. 
Shorthand     reporter,     compensation     a     charge     against 

county,   §   925. 
Shorthand  reporter,  when  to  be  appointed,  §  925. 
Special,   names  to  be  drawn  from  box,  §   910. 
Special,   names   to  be  written   on   ballots   and   deposited 

in  box,   §   910. 
Special,  nineteen  members  required,  §  908. 
Special,  order,  execution  and  return  of,  §  908. 
Special,    order,    what    to    require,    and    delivery    of    to 

sheriff,  §  908. 
Special,   when   may   be    summoned,    §    907. 
Testimony  taken  before  to  be  given  to  defendant,  §  925. 
Testimonv  of  witness,  may  be  required  to  disclose  when, 

§  926. 
What  offenses  may  inquire  into,   §   915. 
Who   may  appear   before,   §   925. 
Who  may  be  present  during  their  sessions,  §  925. 

GRAND  LARCENY:  See  Larceny. 

GROUSE,  destruction   of,  when  prohibited,  §  626. 

GROWING   CROPS,  injuries   to,    §   604. 

Negligently  setting  on  fire  a  misdemeanor,  §  384. 

GROWING  TREES,  cutting,  upon   public  lands,  §  603. 
Cutting  or  injuring  a   misdemeanor,  §   602. 
Gathering    pitch   from,    §    603. 


GUARD— HABEAS   CORPUS.  S27 

GUARD  for  jail,  sheriff  may  employ  when,  §   1610. 

GUARDIAN,  exhi^bit,  use,  sale,  or  hire  of  child,  §   272. 
Enticing  away  child,  jurisdiction,   §  784. 
Juvenile  delinquent,  guardianship  of,  §    1388. 
Prostitution,  admitting  child  to  house  of,  by,  §  309. 
Sending  child  under  eighteen  to  immoral  place,  §  273. 
Substituting   child,   §    157. 
Teacher,  abusing  in  presence  of  pupil,  §  653b. 
Ward,  requiring  to  work  over  eight  hours,  §   651. 

GUIDE-BOARD,  malicious  injury  to,  §  590. 

GUILTY,  plea  of,  §  lOlG. 
Plea,  form  of,   §    1017. 
Plea  of,  how  altered  or  withdrawn,  §  1018. 

GULLS.     Act  to  protect  sea  gulls   at  Santa  Monica,  §   599, 
note. 
Shooting,  trapping  or  injuring,   §   599. 

GUNPOWDER:  See  Explosive. 

HABEAS   CORPUS,   admission   to   bail   on    examination   on, 

§  1286. 
Application  for,   made   how,   §   1474. 
Application  for,  to  specify  what,  §  1474. 
Application  for,  verification,  §  1474. 
Application,   who    may   make,   §    1475. 
Bail,  admitting  to,  pending  application,   §   1476. 
Bail,    holding    party    to    where    proceedings    defective, 

§   1489.  . 
Bail  on,  §  1286. 
Bail,  judge  may  take,  §  1491. 
Bail,  writ  for  purpose  of,  §  1490. 
Body  must  be  produced,  when,  §    1481. 
Body,    when    hearing    may    proceed    without    production 

of,  §  1482. 
Concealing   person   entitled    to,    §    364. 
Contain,   what   to,   §    1477. 
Custody  of  party,  after  discharge,  §  1496. 
Custody  of  party  pending  proceedings  on  return,  §  1494. 
Custody,  person  in  illegal,  may  bo  committed   to   legal, 

§   1493, 
Damages  for  failure  to  issue  or  obey  writ,  §   1505. 


HABEAS    CORPUS. 

Defective  in  form  of  writ  immaterial,  when,  §  1495. 

Defective  warrant,  no  discharge  for,   §   1488. 

Defective  warrant,  proceedings  on,  §  1489. 

Delay,  to  be  delivered  to  sheriff  without,   §   1478. 

Delay,  to  be  granted  without,   §    1476. 

Delay,  -to  be  served  without,  §   1478. 

Directions   in   writ,   §    1477. 

Discharge  of  party  on  defective  warrant,  §   1489. 

Discharge  of  party,   grounds  for,   §§   1485,   1487. 

Discharge   of  party,  imprisonment   after,   §   1496. 

Discharge  of  party,  not  for  defective  warrant,  §  1488. 

Discharge  party,  when  court  to,  §§  1485,  1487. 

Disobedience  to,  proceedings  on,   §   1479. 

Disposition    of    party    pending    proceedings    on    return, 

§   1494. 
Granted   how,    §    1475. 

Grounds   for   discharge   of   party,    §§    1485,    1487. 
Hearing,   compelling  attendance  of  witnesses,  §   1484. 
Hearing  on  return,  proceedings  on,  §§   1483,   1484. 
Hearing,  showing  and   evidence,   §   1484. 
Hearing  without  production  of  body,  when,   §  1482. 
Imprisonment  after  discharge,  when  permitted,  §§  1489, 

1496. 
Issuable  by  whom,  §§   1475,  1503. 
Issue,   refusal   to,    §    362. 
Judges  who  may  grant,  §   1475. 
Justice  of  supreme  court  may  grant,  §   1475. 
Obey,  refusal  to,   §   362. 
Process   and   writ    may   be    issued    and    served    at    same 

time,  §  1502. 
Process  issuable  by  whom,  §  1503. 
Process  returnable,  when,  §  1503. 
Eecommitting    party    where     proceedings     defective,     § 

1489. 
Eeconfinement  of  person  discharged  on,  §  363. 
Eemand  party,  when  court   to,   §§   1486,   1492, 
Eeturnable  before   whom,   §   1475. 
Eeturnable  at  county  seat,   §   1504. 
Eeturnable,  when,  §  1503. 
Eeturn,    disposition    of    party    pending    proceedings    on, 

§   1494. 
Eeturn,  hearing  on,  §  1483. 
Eeturn,    signing    and    verifying,    §    1480. 
Eeturn,   to   contain   what,    §    1480. 
Second  writ,   when   only  to   issue,   §   1475. 


HABEAS   CORPUS— HEALTH   LAWS.  829 

Served,  how,  §  1478. 

Served,   to  be,  without  delay,   §   1478. 

Superior  judge  may  grant,  §   1475. 

Superior  court  or  judge  issuing,  second  writ  not  to  is- 
sue,  §   1475. 

Superior  court  or  judge  may  issue,  §  1475. 

Supreme   court   or  justice   may   issue,   §   1475. 

Warrant,  defect  in  form,  no   ground  for,   §   1488. 

Warrant,  defective,  proceedings  on,   §   1489. 

Warrant   instead   of   writ,   how    executed,    §    1499. 

Warrant  instead  of  writ,  may  issue  in  what  eases, 
§   1497. 

Warrant  instead  of  writ,  may  include  person  charged 
with   detention,    §    1498.' 

Warrant  instead  of  writ,  party  discharged  or  remanded, 
§    1501. 

Warrant  instead  of  writ,  return  and  hearing  on,  §  1500. 

What  to  contain,  §   1477. 

Who  may  grant,   §   1475. 

Who   may  prosecute,   §§   1473,   1474,   1475. 

Witnesses  at  hearing.  §§  1484,  1489. 

HAIR,  act  relating  to  cutting  of,  §  1615,  note. 

Cutting  hair  of  prisoner  convicted  of  misdemeanor,  § 
1615. 

HANGING,  execution  by,  §§   1228,   1229. 

HARBOR,  obstruction  of,  navigation  of,  §  613. 

HAY,  burning  stack  of,  §  600. 
False  weight,   §   555. 

HEALTH:  See  Public  Health. 

HEALTH  LAWS.  Contagions  disease,  exposing  one's  self 
or   another   afflicted   with,   a    misdemeanor,    §    394. 

Exhumation  and  removal  of  dead  bodies,  regulation  of, 
p.   654,  Stats. 

Exposing   infected    person,    §    394. 

Neglect    to    perform    duty    under,    §§    378. 

Violating  quarantine  laws,  §  376. 

Violation  of  duty  by  person  charged  witli  registration 
of  deaths,   §  377. 

Violation  of  health   laws,  what  acts  are,   §   377. 

Willful    violation    of,   [iniiiHhuient   of,    §   377. 


S30  HEMP— HOMICID7E. 

HEMP,    prison    directors    authorized    to    purchase,    p.    716, 

Stats. 

HEREDITAMENT,  real  property  includes,  §  7. 

HIGHWAY,  dead  animal,  putting  in,  §   374. 

Carcass  or  offal,  putting  in,  a  misdemeanor,  §  374. 
Engineer    crossing    without    ringing    bell    or    sounding 

whistle  a  misdemeanor,   §   390. 
Guide-board,  malicious  injury  of,  §  590. 
Injuries   to,  malicious,  §  588. 
Mile-stones,  malicious  injury  to,  §  590. 
Eacing  on,  §  396. 

HOLIDAYS.     Keeping    open    barber-shop,    or    working    as 
barber  after  twelve  o'clock,  §  310%. 

HOME  OF  INEBRIATES,  act  continued  in  force,  §  23. 

HOMICIDE,   accident,  by,   §    195. 

Appeal  stays  judgment  of  conviction,  §  1243. 

Arrest,  in  making,  §  196. 

Assault  with  intent  to  kill,  §  217. 

Burden   of  j^roof,  shifting  of,   §    1105. 

Child,  in  correcting,  §  195. 

Child,  in  defense  of,  §  197. 

Death  must  be  within  year  and  day,  §   194. 

Combat,  on  a  sudden,  §   195. 

Excusable,  in  what  cases,  §  195. 

Excusable,  not   punishable,   §    199. 

Fear,  when  and  when  does  not  justify,  §  198. 

Felony,  to  prevent,  §   197. 

Fugitives,  in  arrest  of,  justifiable,  §   193. 

Habitation,  in  defense  of,  §  197. 

Heat  of  passion,  in,  §  195. 

Husband,  in  defense  of,  §   197. 

Jurisdiction  where  injury  in  one  county,  death  in  an- 
other, §  790. 

Justifiable,  burden  of  proof,  §  1105. 

.Justifiable  by  officers,  in  what  casos,  §    196. 

Justifiable  by  persons  other  than  officers,  in  what  cases, 
§  197. 

Justifiable,  fear  to  justify,  what  must  be,  §  198. 

Justifiable,  not  by  bare  fear,  §  198. 

Justifiable,  not  punishable,  §  199. 

Limitation   of   action   for,   no,   §   799. 

Malice  defined,  §  188. 


HOMICIDE-HOSPITAL.  831 

Malice,  express,  §  188. 

Malice,  implied,  §  188. 

Manslaugliter,  death  must  be  within  a  vcar  and  dav 
§    194. 

Manslaughter  defined,  §   ]92. 

Manslaughter,  involuntary,  §   192. 

Manslaughter,  kinds  of,  §   192. 

Manslaughter,  punishment  of,  §  193. 

Manslaughter,    voluntary,    §    192. 

Master,  in  defense  of,  §  197. 

Misfortune,  by,   §   195. 

Mistress,  in  defense,  of,  §  197. 

Murder,  assault  with  intent  to  commit,  §  217. 

Murder,  death  must  be  within  a  year  and  day,  §  194. 

Murder  defined,  §  187. 

Murder,  degrees  of,  §  189. 

Murder,  first  degree,  what  is,  §  189. 

Murder,  second  degree,  what  is,  §  189. 

Murder,  punishment  of,  §  190. 

Officers,  by,  justifiable   in  what  cases,   §   196. 

Parent,  in  defense  of,  §  197. 

Preliminary  examination,  testimony  nt  witnesses  to  be 
reduced   to   writing,   §   869. 

Preliminary  examination,  testimony,  how  taken  and  au- 
thenticated, §  869. 

Process,  in  resisting,   §   196. 

Property,  in  defense  of,  §  197. 

Provocation,  on  a  sudden,  §  195. 

Retaking  felon,  in,  §   196. 

Riot,  in  suppressing,  §  197. 

Self-defense,  bare  fear  not  to  justify  killing,  §  198. 

Self-defense,  in,  §  197. 

Servant,  in  correcting,  §  195. 

Servant,  in  defense  of,  §  197. 

Wife,  in  defense  of,  §   197. 

HOMING  PIGEONS,  shooting,   killing  or  detaining,  §   o:)8a. 
Shooting,    mainiiug  or  detaining,   punishment   of,  §  598a. 

HONEY,  adulteration  of  prohibited,  p.  5~i{>,  Stiita. 

HORSE,  altering  brand  of,  §  357. 

Feloniously  taking,  is  grand  larceny,  §  487. 
Glanders,  exposing  horse  with,  §  402. 

HOSPITAL,   keeping   for   contagious   disease,   ij    :'.73. 


S32  HOTELS— IMMIGRATION   LAWS. 

HOTELS.     Gas  not  to  be  turned  off  at  meter,  p.  610,  Stats. 

HOURS  OF  LABOR  by  minors,  §  G51. 

Baking  on  Sunday  forbidden,  p.    723,  Stats. 
Eight-hour  law  for  public  works,  §  653c. 
Eight-hour  law,  dutj'  of  officers  under,    5  653c. 
Eight-hour  law,  punishment  for  violatiujif,  5^  'i53c. 
Employees   entitled   to   one   day 's   rest   in   seven,  p.    722, 

Stats. 
Police   officers,  of,   p.   G51,   Stats. 

HOUSE,  keeping  disorderly,  §  316. 

HOUSE  OF  CORRECTION,  acts  relating  to,  p.   612. 

HOUSE   OF  ILL-FAME:    See   Prostitution. 

HUMANE    SOCIETY:    See    Cruelty   to    Animals. 

HUMBOLDT  BAY,  deposits  in,  §   612. 

HUNTING  on  inclosed  land,  §  384c;   act  to  prevent,  p.  599. 
See   Game  Laws. 

HUSBAND    AND    WIFE,    competency    of,    as    witnesses,    § 

1322. 
Homicide    in    defense    of,    justifiable,   §    197. 
Married  woman's  crimes,  §  26. 
May  occupy  same  room  in  jail,  §  1599. 
Married    persons    selling    land   under   false    pretenses,    § 

534. 
Placing  wife  in  house  of  prostitution:   See  Prostitution. 
Witnesses,    as,    §    1322. 

ICE.     Eefusal    to    obey    regulations    to    prevent    pollution,    § 
377c. 

IDIOT:    See   Insane  Person. 

IGNORANCE   as  affecting  liability  for  crime,   §   26. 

ILL-FAME:    See   Prostitution. 

Infant  employees  not  to  be  sent  to  houses  of,  §  1389. 

ILLNESS  of  juror,  proceedings  on,  §   1123. 

IMMIGRATION    LAWS,    violation    of,    a    misdemeanor. 
174,    175. 


IMPS;ACHMENT— IMPLEMENTS.  <33 

IMPEACHMENT,  answer  after  demurrer  overruled,  §  744. 
Answer  or  demur,   defendant   may,   §   743. 
Appear,  proceedings  when  defendant  fails  to,  §  742. 
Articles   of,   delivery  to   president  of  senate,   §   739. 
Articles    to    be   prepared,   presented   and   prosecuted   by 

assembly,  §  738. 
Demur  or  answer,  defendant  may,  §  743. 
Demurrer    overruled,    answer,    8    744. 
Disqualified,  oflfieer  is,  until  acquitted,  §  751. 
Hearing,  time  of,  §  740. 

Indictment  or  information,  not  a  bar  to,  §  753. 
Judgment  of  senate,  resolution  becomes  on  adoption,   § 

748. 
Judgment  on  conviction,  what  may  be,  §  749. 
Judgment  of  suspension,  effect  of,  §  750. 
Judgment  on   conviction  pronounced,   how,  §   747. 
Notice  to   appear  and  answer,   §   740. 
Oath   of   senators,   §   745. 
Office,  filling  of,  in  case  of  removal,  §  751. 
Office   to  be   temporarily  filled  pending,   §   751. 
Officers  liable  to,  §  737. 
Pardon,   governor   may  not,   §   1417. 
Plea  of  guilty,   proceedings,  §   744. 
Plea  of  not  guilty,  proceedings  on,  §  744. 
Plea  of  not  guilty  to  be  entered,  §  743. 
Plea  of  not  guilty,  what  puts  in  issue,  §  743. 
Plea,  refusal  to  make,  proceedings,  §  744. 
Presiding    officer,    when    lieutenant-governor    impeached, 

§    752. 
Proceedings  for  preserved  by  code,  §  10. 
Punishment    of,    §§    749-753. 

Eemoval    otherwise    than    by   impeachment,    §§    758-777. 
Service    on    defendant    of    articles    of    impeachment,    § 

740. 
Service  of  articles  may  be  by  publication  when,  §  741. 
Service  of  articles  may  be  made  on  defendant  personally, 

§   741. 
Suspension,  effect  of  judgment  of,  §  750. 
Swearing  president  of  senate,  §  74.5. 
Swearing  senators,   §   745. 

To  be  by  resolution  originated  in  assembly,  §  738. 
Trial  to  be  before  senate,  §  738. 
Two-thirds   to    convict,   §    746. 

IMPERSONATION,   FALSE:    See   False   Personation. 

IMPLEMENTS,  i)08session  of  burglarious,  §  406. 
Pen.  CoUe— 53 


834  IMPORTATION— INDECENT   LANGUAGE. 

IMPORTATION   of  Chinese  or  Japanese,  §§  174,  175. 
Of   convicts,    §§    173,   175. 

IMPRISONMENT:    See   Punishment;    Sentence. 

Before   conviction,  unnecessary  restraint,   §   688. 

Civil    rights    suspended    during,    §    673. 

Civil    death    from    life    imprisonment,    §    674. 

Convict   protected   diiring,   §   676. 

Discretion  where  limit  is  imprisonment   for  life,   §   671. 

Duty  of  sheriff  on  receiving  copy  of  judgment  of,  §  1216, 

Duration,    on   judgment    to    pay   fine,    §    1205. 

Fine    and,    duration    of    imprisonment,    §    1205. 

Fine  may  be  added   to,   §   672. 

Forfeiture   resulting  from,   §   677. 

Judgment  of  fine  and  imprisonment,  how  executed,  § 
1215. 

Judgment   of,    how   executed,    §    1455. 

Prisoner  not  incompetent  as  witness,  §  675. 

Prisoner  competent  to  convey  property,  §  675. 

Second  term  of,  when  commences,  §  669. 

Temporary  release  of  prisoner,  time  not  to  be  com- 
puted,  §   670. 

Term  of  commences  when,  §  670. 

IMPROVEMENT,    removing    from    mortgaged    property    a 
larceny,  §  502. 

INCEST  defined,  §  285. 

Jurisdiction    of,    §    785. 

Marriage,   solemnizing   an   incestuous,   §   359. 

Punishment  of,  §   285. 

INCLOSURES,  leaving  open,   act   to   prevent,  p.   599. 

Tearing  down  fences  to  make  passage  through;  p.  598, 
Stats. 

INDECENT   articles   to   be   seized,    §    312. 

Articles,   character   of,   to   be   determined,    §   313. 
Articles   to  be   destroyed,   §   314. 

INDECENT  EXPOSURE,  what  constitutes,  §  311. 
Lascivious    conduct    with    child,    §    288. 
Punishment   of,    §    311. 

INDECENT   LANGUAGE,   §   415. 


INDIAN— INDICTMENT.  835 

INDIAN,  ammunition,  sale  to,  §  398. 
Firearms,  sale  to,  §  398. 
Liquor,   sale   to,   §   397. 
Not  punishable  as  vagrants,  §  647. 

INDICTMENT:  See  Grand  Jury;  Information. 

Accessory  before  fact,  and  principal,  distinction  abol- 
ished,  §   971. 

Accessory  before  fact,  indictment,  allegations  in,  §  971. 

Accessory,   of,   though   principal   not  indicted,   §   972. 

Acquittal  of  one  or  more,  when  several  charged,  §  970. 

Alternative,  offense  may  be  set  out  in,  §  954. 

Arrest  of  judgment  for  defects  in,  §   1185. 

Bail  on,   §§    1284-1289. 

Certain,   must  be,   as   to   what,   §   952. 

Concurrence   of  twelve  jurors   necessary,   §   940. 

Conspiracy   to   procure,   §    182. 

Conspiracy  to  cheat,  for,  §  967. 

Construction  of  words  in,  §§  957,  958. 

Contain  what,   §  950. 

Counts  in,  §  954. 

Custody,   proceedings   when   defendant   not   in,   §   945. 

Defendant  can  be  convicted  of  but  one  offense  charged, 
§  954. 

Defined,  §  917. 

Degree  of  evidence  to  warrant  finding,  §  921. 

Demurrer  to:  See  Demurrer. 

Demurrer,  allowance  of,  examination  before  magistrate 
after,    §    1008. 

Demurrer,  how  far  a  bar  when  allowed,  §  1008. 

Demurrer  to,   grounds   of,   §   1004. 

Demurrer  to,  exception  may  be  taken  to  ruling  on,  § 
1172. 

Different  offenses  relating  to  same  act  may  be  charged, 
§  954. 

Different  statements  of  same  offense  permitted,  §  954, 

Direct,  must  be,  as  to  what,   §   952. 

Different   offenses,   charging,   §    954. 

Disclosing  fact  of,  §  168. 

Disclosing  fact  of  presentment,   §   168. 

Dismissal  of,  not  a  former  acquittal,  §   1021. 

Dismissal,    resubmission    to    grand    jury,    §    942. 

Dismissal,   return   of   depositions,   etc.,   to   court,    §    941. 

Election  between  counts  not  required,  §  954. 

Embezzlement,   for,   §    967. 

Error  in  form  merely  does  not  affect,  §  960. 


INDICTMENT. 

Evidence  suf3Scient  to  warrant,   §   921. 

Fictitious  name,  inserting  true  name,  §§  953,  989. 

Fictitious   name,   proceedings   on   arraignment,    §    989. 

Filed,  how,  §  944. 

First  pleading  of  people,  is,  §  949. 

Forgery,  for,   §   965. 

Form  of,  §  951. 

Found  after  allowance  of  challenge  to  panel  set  aside, 
§  899. 

Found  when  presented  and  filed,  §  803. 

Impeachment  not  a  bar  to,   §   753. 

Indorsement  of,   §   940. 

Indorsement  that  charge  dismissed,   §   941. 

Insufficient,  not  for  defect  in  form,  §  960. 

Judicial   notice,    §    961. 

Judgment   pleaded,    how,    §    962. 

Larceny,  for,  §  967. 

Libel,  for,  §  964. 

Limitation  of  time  to  file,  §§  799,  800,  801. 

Limitation  of  time  to  file,  absence  of  defendant  sus- 
pends, §  802. 

Motion  to  set  aside,  exception  may  be  taken  to  ruling 
on,  §  1172. 

Name,  in  wrong,  proceedings  at  arraignment,  §  989. 

Name,   wrong,   in,   inserting   correct   name,   §   953. 

Number   of  jurors   necessary   to   find,   §    940. 

Objections  to,  h'ow  taken,   §   1012. 

Objections    to,   waived   when,   §    996. 

Objections  to,  what  need  not  be  taken  by  demurrer, 
§  1012. 

Objections   to,   what   to   be   taken  by  demurrer,   §   1012. 

Obscene  books,  etc.,  for  selling,  etc.,  §  968. 

Offense  may  be  set  out  in  alternative,  §  954. 

Offense  may  be  set  forth  under  different  counts,  §  954. 

Offenses  occurring  at  different  times  and  places  not 
to  be  joined,  §  954. 

Offense,  one   only  to   be   charged,   §   954. 

Officers,   indictments   against,    §    890. 

Perjury   or   subornation   of,    §    966. 

Presented,   how,   §   944. 

Presentment  defined,  §  916. 

Presumption  of  guilt  from  finding,   §   1270. 

Presumptions  of  law  need   not  be   stated,   §   961. 

Prior  conviction,  charge  not  to  be  made  to  jury  or  al- 
luded to,  §   1025. 


INDICTMENT— INDORSEMENT.  S37 

Prior  conviction,   how   charged,   §   969. 

Prior  convictions,  not  more  than  two  to  be  charged,  S 
969. 

Private  injury,  erroneous  statement  as  to  injured  per- 
son  not   material,   §   956. 

Private    statute,    pleading,    §    963. 

Eesubmission  where   charge   dismissed,   §    942. 

Setting  aside,  effect  of  order  for  resubmission,  §§  997, 
998. 

Setting  aside,  motion  for,  when  heard,  §  997. 

Setting  aside  on  motion,   grounds  for,   §  995. 

Setting  aside,  order,  no  bar  to  future  prosecution,  §  999. 

Setting  aside,   proceedings  where   motion   denied,    §   997. 

Setting  aside,  proceedings  where  motion  granted;  § 
997. 

Statute,  not  following  words  of,  §  958. 

Sui3Eicieut,  when,  generally,   §   959. 

Superior  judge,  of,  proceedings  on,   §   1029. 

Time  of  offense,  statement  of,  §  955. 

Time  when  found,   §   803. 

Twelve  jurors  must  find,  §  940. 

Verdict  to  state  offense  where  several  offenses  charged, 
§  954. 

Waiver  of  defects  for  failure   to   demur,   §    1185. 

Waiving  objections  to,  §  996. 

What  must  contain,   §   950. 

What  prosecutions  must  be  by,  §§  682,  888. 

What  to   contain  generally,   §   950. 

When  offenses  not  prosecuted  by,  §  682. 

When   offense  prosecuted   by,   §   682. 

When  sufficient,  generally,  §  959. 

Witnesses,   indorsement   of  names  on,   §   943. 

Witnesses,   insertion   of   narties   of,    §    943. 

Words  of  statute  not  to  be  pursued  strictly,  §  958. 

See  Accusation;    Demurrer;    Information;    Pleading,   etc. 

INDORSEMENT,   commitment    on    warrant    of    arrest,    of,    § 
863. 
Commitment,    when    offense   bailable,   of,    §   875. 
Commitment,   when   offense  not  bailable,   of,   §   873. 
Magistrate,   when   defendant   held   to   answer,  of,   §   872. 
Magistrate,  when   defendant  discharged,  of,  §   871. 
Indictment,    on,    §    940. 
Warrant   of   arrest,  on,   §   819. 
Order    for   admission    to    bail,    on,    §    982. 


§38  INDUSTRY— INFANT. 

INDUSTRY:   See  Preston  School  of  Industry. 

INEBRIATE,  home  for,  act  continued  in  force,  §   23. 

INFANT,  abandoning  by  parent,  §  271. 

Abduction    for    purpose    of    prostitution,    punishment    of, 

§    267. 
Acts  for  protection   of   children,  §  272,   note. 
Apprenticing     or     selling    children     for     exhibitions,     as 

mendicants     or     for     immoral     purposes,     p.    614, 

Stats. 
Begging,   using  for,   §§    272,   273. 
Begging,    prevention    of    and    punishment    for,    p.    617 

Stats. 
Challenge   to,   as   grand   juror,   §   896. 
Charitable     corporation,     commiting     delinquents     to, 

1388. 
Child  under  sentence  not  to  be   confined  or  transported 

with    adult,   §    273b. 
Child-stealing,    §    278. 
Criminal   liability  of,   §    26. 
Cruelty   to,   a   misdemeanor,   §   273a. 
Cruelty  to,  incorporation  of  societies  for  prevention  of, 

p.    612,    Stats. 
Custody,    may    be    committed    to    orphan    asylum,    etc., 

when,   §    273d. 
Delinquent    committed     to    charitable     corporation,     ex- 
penses of,   §   1388. 
Employees     not  to  be  sent     to    questionable     resorts,   § 

1389. 
Endangering  life,  limb,  or  health  of  child,  §  273a. 
Enticing  away  child,  jurisdiction,  §  784. 
Execution   of   judgment   of   death,   infant   not   permitted 

at,   §   1229. 
Exhibition  of,  unlawful,  §   272. 

Expenses   of  under  probationary  treatment,  §    1388. 
Fines  for  offenses  to    children,   disposition  of,   §   273c. 
Fraudulent  pretenses  as  to  birth  of,  to  secure  propertv. 

§    156. 
Gamble,  permitting  to,  §   336, 
Hire    of,   unlawful,    §    272. 
Immoral  place,   sending  minor,  to,  §  273e. 
Intoxicating     liquors,     selling     or   giving    to,     a     misde- 
meanor,  §   397b,  note;   pp.  619,  620,  Stats. 
Intoxicating  liquors,  not  permitted  to  enter  place  where 

sold,   p.   617,   Stats. 


INFANT— INFORMATION.  839 

Junk,  etc.,  receiving  from,  §  501. 

Jurisdiction    of    offense    of    enticing    or    decoying    away 

child,    §    784. 
Jurisdiction    of    offense    of    inveigling    away    minor    for 

prostitution,   §   784. 
Juvenile   court:    See  Juvenile   Court. 
Juvenile    offenders:     See    School    of    Industry;    Whittle 

State   School. 
Kidnaping:    See   Kidnaping. 
Lascivious    conduct    with,    §    288. 

Liquor,  act  to  prevent  sale  of  to  children,  §  397b,  note. 
Liquor,    giving    or    selling    to    minor    under    eighteen,    i 

397b. 
Liquor,  selling  or  giving  to   minor,  punishment,   §   397b. 
Mendicant  purposes,  using  for,  §  272;  p.  614,  Stats. 
Musician,  consent  to  employment  of  child  as,  §  272. 
Musician,   employment  of  child  as,  §   272. 
Parent  omitting  to  provide  for,  §  270. 
Persons    inciting    children    under    fourteen    to    commit 

are  principals,  §   31. 
Probationary  treatment  of  juvenile  delinquents,  §   1388. 
Prostitution,    admitting    to    or    keeping   in    places    of,    § 

309. 
Prostitution,  sending  minor  to  house  of,  §  273e.  • 
Receiving  junk  in  pledge  from  minors  a  misdemeanor,  § 

SOL 
Requiring    wards    or    apprentices    to    work    more    than 

eight  hours  a  misdemeanor,  §  651. 
Sale  or   disposing   of   for   certain   purposes   forbidden,   § 

272;   p.  614,  Stats. 
Saloon,    permitting    minor    under    eighteen    to    enter,    § 

397b. 
Sending  minor  under  eighteen  to  immoral   place,  §  273. 
Substituting  o*ie  for  another,  §   157. 
Tobacco,  sale  of  to  infants  under  sixteen,  §  308. 
Undertaking    of,    as    witness    at    preliminary    examina- 
tion,  §   880. 
Use  of  for  what  purposes,  unlawful,  §  272. 

INFORMATION:    See    Indictment. 

Accessory  before  fact,  and  principal,  distinction  abol- 
ished,  §   971. 

Accessory,  against,  though  principal  not  informed 
against,  §  972. 

Acquittal  of  one  or  more  when  several  charged,  §   97 

Alternative,   offense   may  be   charged   in,  §   954. 


INFORMATION. 

Arrest  of  judgment  for  defects  in,  §  1185. 

Arrest,   without  warrant,  on,  §   849. 

Complaint  defined,  §  806. 

Conspiracy  to  clieat,   for,  §   967. 

Construction  of  words  in,  §  957. 

Contain   what,  generally,   §   950. 

Counts,   §   954. 

Defect  of  form,  not  insufficient  for,  §  960. 

Defendant  can  be  convicted  of  but  one  offense  charged, 

§  954. 
Demurrer,   allowance   of,   examination   before   magistrate 

after,  §  1008. 
Demurrer,  how  far  a  bar  when  allowed,  §  1008. 
Demurrer  to,  grounds  of,  §  1004. 
Demurrer   to,    exception    may   be    taken    to    ruling    on, 

1172. 
Demurrer  to:    See  Demurrer. 

Deposition  of  prosecutor  and  witnesses  on,   §   811. 
Different    offenses,    charging,    §    954. 
Different  offenses  relating  to  same  act  may  be  charged, 

§    954. 
Different   statements   of   same    offense    permitted,   §    954. 
Disclosing  fact  of  finding  of,  punishment  of,  §  168. 
Dismissal  of,  not   a  former  acquittal.  §   1021. 
Election    between    different    counts    in    not    required,    § 

954. 
Embezzlement,  for,  §  967. 

Error  in  form  merely  does  not  affect,  §•  960. 
Examination  of  prosecutor  and  witnesses  on,  §  811. 
Piling    after    examination    and     commitment,    time    of, 

§    809. 
First  pleading  of  people  is,  §  949. 
Forgery,   for,   §   965. 
Form  of,  §  809. 
For    offense    triable    in    another    county,    proceedings,    ." 

827. 
Impeachment  not  a  bar  to,  §  753. 
Insufficient,   not   for   defect   of   form,   §    960. 
Judicial  notice,  matters  of  need  not  be  stated,  §  961. 
Judgment  pleaded,   how,   §   962. 
Larceny,   for,    §   967. 
Libel,  for,   §   964. 

Limitation  of  time  to  file,   §§   799,  800,  801. 
Motion   to   set   aside   exception   may  be   taken   to   ruling 

on,  §  1172. 
Must  contain  what,  generally,  §  950. 


INFORMATION.  841 

Name,   in  wrong,   proceedings   at   arraignment,   §   989. 

Objections   to,   bow  taken,   §   1012. 

Objections   to,  what   need  not  be   taken  by  demurrer,   § 
1012. 

Objections  to,  what  to  be  taken  by  demurrer,  §  1012. 

Obscene  books,   etc.,  for  selling,  etc.,  §  968. 

Offense  may  be  charged  in  alternative,  §  954. 

Offense  may  be  charged  in  different  counts,  §  954. 

Offenses  occurring  at  different  times  and  places  not  to 
be   joined,-  §   954. 

Offense,  one  only  to  be  charged,  §  954. 

Officer,  against,  where  found  or  filed,   §  890. 

Officers,  removal  of,   §§   889,  890. 

People,  to  be  in  name  of,  §  809. 

Perjury  or  subornation  of,  for,  §  966. 

Presumptions  of  law  need  not  be  stated,  §  961. 

Prior  conviction,  charge  not  to  be  made  to  jury  or  al- 
luded to,  §  1025. 

Prior  convictions,  how  charged,  §  969. 

Prior   convictions,  not  more   than   two   to   be   charged, 
969. 

Private  injury,  statement  as  to  person  injured,  §  956. 

Private  statute,  pleading,  §  963. 

Setting  aside,  effect  of  order  for  resubmission,  §  998. 

Setting  aside  on  motion,  grounds  for,  §   995. 
'Setting    aside,    order,    as   bar   to    future    prosecution,     § 
999. 

Setting  aside,  proceedings  where  motion  granted,  §  997. 

Setting   aside,   proceedings   where   motion   denied,   §  997. 

Statute,  not  following  words  of,  §  958. 

Subscribed  by  district  attorney,  §  809. 

Sufficient,  when  generally,  §  959. 

Sujierior  judge,   against,   proceedings  on,   §    1029. 

Tlireatencd  offense,  of,  §  701. 

Time  of  filing,   §   809. 

Time  of  offense,  statement  of,  §  955. 

Verdict  must  state  offense  where  several  charged,  §  954. 

Waiver  of  defects  for  failure  to  demur,  §  1185. 

Waiving  objections  to,  §  996. 

What  prosecutions  must  be  by,  §§  682,  888. 

What  to   contain   generally,  §  950. 

When  sufficient  generally,  §  959. 

When  offense  not  prosecuted  by,  §  082. 

When  offense  prosecuted  by,   §  682. 


842  INFORMATION— INSANE   PERSON. 

Words  of  statute  not  to  be  pursued  strictly,  §  958. 
See    Demurrer;    Indictment;    Pleading;    Accusation,    etc. 

INFORMER   of    threatened   offense,    examination   of,    §    702. 
Of  committed  offense,  examination  of,  §  811. 

INHERITANCE,  fraudulent  pretenses  relative  to  birth,  § 
156. 

INHUMANITY  TO  PRISONER,  punishment  of,  §  147. 

INJUNCTIONS,  use  of  limited  in  disputes  between  master 
and   servant,   p.   581,   Stats. 

INJURY,  extortion  by  threat  to  commit,  §  519. 

INJURY,  MALICIOUS:   See   Malicious  Mischief. 

INNKEEPER,   defrauding,   §   537. 

Gas  not  to  be  turned  on  at  meter,  p.  610,  Stats. 

(jru^st,  refusing  to  receive,  §  365. 

Number  of  cubic  feet  for  each  person,  p.   632,  Stats. 

INNOCENCE,   procuring   execution   of   innocent   persons   by 
perjury,  §  128. 
Presumption  of,  §   1096. 

INQUEST:   See  Coroner. 

INSANE  PERSON,  acquittal  on  ground  of  insanity,  pro- 
ceedings on,  §  1167. 

Argument   of   counsel   in   trial   of   sanity,   §    1369. 

Bail,  deposit  in  place  of,  on  commitment  of,  §  1371. 

Bail    exonerated  by  commitment   of,   §    1371. 

Building  for  insane  prisoners,  erection  of  at  San  Quen- 
tin,  p.  717,  Stats. 

Challenge   to,  as   grand  juror,   §   896. 

Committing  to  asylum  after  verdict  of  insanity,  §  1370. 

Compensation  of "  sheriff  for  conveying  insane  persons 
to  asylums,  p.  691,   Stats. 

Criminal  liability  of,  §  26. 

Cruelty   to,    §    361. 

Custody  of,  after  regains  reason,  §   1372. 

Defendant  found  insane  detained  in  hospital  until  san- 
ity, §  1372.  _     _ 

Delivery  to  asylum  of  insane  person,  after  conviction, 
§  1224. 

Detained   in   asylum   until   sane,    §    1372, 


INSANE    PERSON.  843 

Doubts    as    to    sanity    of    defendant,    how    determined, 

§  1368. 
Evidence,  order  of,   on  trial  of  sanity,   §   1369. 
Execution  of  sentence,  after  recovery  of  reason,  §   1224. 
Expense  of  in  transportation  and  at  asylum  chargeable 

to  county,  §  1373. 
Expenses   of,   county   may   recover   from   estate,   city   or 

another  county,  §  1373. 
Form  of  verdict  of  acquittal   on   ground   of,   §   1151. 
Idiots   incapable   of   committing   crime,    §   26. 
Instructions  on  trial  of  sanity,  §  1369. 
Judgment,  insanity  a  cause  against,   §   1201. 
Judgment  of  death,  proceedings  in  case  of  insanity  of 

defendant,  §§  1221-1224. 
Judgment,  rendition  of  after  sanity  restored,  §  1272. 
Jury   to    determine    sanity,    §    1368. 
Notice    that    lunatic    committed    has    regained    reason, 

§  1372. 
Order  of  trial  of  sanity,  §  1369. 
Persons    inciting    commission    of    crime    bv,    liable    as 

principals,   §   31, 
Prisoners,  removal  to  insane  asylum,   §   1582. 
Prisoners,  return  of  where  not  insane,   §   1582. 
Proceedings    after   defendant   sent    to    hospital    becomes 

sane,  §   1372. 
Proceedings  on  doubt  as  to  sanity  of  defendant,  §  1368. 
Proceedings  to  determine  defendant's  sanity,  after  con- 
viction,   §§    1221-1224. 
Proceedings   where   at  judgment  claims  he   is   insane,   § 

1201. 
Proceedings  where  defendant  found  insane,  §   1370. 
Proceedings  where  defendant  found   sane,   §   1370. 
Punished,  cannot  be,  §  1367. 
Eape   of,   §    261. 

Sanity,   determined,   how,   §   1368. 
Sanity,  order  of  trial  of,  §   1369. 
Sentenced,    cannot   be,    §    1367. 
Suspension   of    trial    or   judgment,    to    determine    sanity, 

§    1368. 
Trial   of,   after  reason  regained,   §    1372. 
Tried,  cannot  be,  §   1367. 

Verdict  as  to  sanity,  and  proceedings  thereon,  §  1370. 
Verdict  of  insanity,  coniiiiitment  to  asylum,  §  1370. 
Who  arc  persons  of  sound  mind,  §  21. 


S44  INSOLVENCY— INSTRUMENT. 

INSOLVENCY,  fraudulent,  §§  557-572. 

Officer  of  insolvent  bank  receiving  deposit  guilty  of 
misdemeanor,  §  562. 

INSPECTION,  corporate  books,  refusal  of,  §  565. 

Officer  connected  with  revenue  refusing,  of  books,  pun- 
ishment of,  §  440. 

INSPECTOR  OF   ELECTION:    See   Elections. 

INSTRUCTIONS,  appeal,  review  on,  when  instructions  writ- 
ten,  §   1176. 

Duty  in  giving  or  refusing,  §  1127. 

Duty  of  court   generally,   §   1127.  , 

Errors,    immaterial,    in    general,    §    1404. 

Essentials  of,  generally,  §  1127. 

Excepting  to  written  not  necessary,  §  1176. 

Exception  may  be  taken  to,  §   1170. 

Fact,  court  cannot  charge  on  question  of,  §  1439. 

Form  part  of  record  on  appeal,  §  1176. 

Grand  .jury,   charge   to,    §§   905,   928. 

How  presented  for  review,   §   1176. 

Indorsing  or  signing  decision  on,  §  1127. 

Insanity,  on  trial  of,   §   1369. 

Justice's  court,  in,   §   1439. 

Law,  court  may  declare,  §  1093. 

Need  not  be  embodied  in  bill  of  exceptions,  §  1176. 

Oral  or  written,  §  1127. 

Part  given,  part  refused,  indorsement  distinguishing, 
§   1127. 

Points  pertinent  to  issue,  court  must  instruct  on,  § 
1093. 

Reporter  to  take  down  where  not  written,  §§  1093,  1127. 

Requests   for,    §    1127. 

Retiring  jury   may   take   with   them,   §   1137. 

Testimony,    court   may   state,    §    1093. 

Time  for,   §   1093. 

Written,  appeal,  review  on,  §   1176. 

Written  need  not  be  excepted  to,  §   1176. 

Written,   to  be   except  in   certain   cases,   §   1127. 

INSTRUMENT,  destroying,  to  prevent  use  at  trial,  §  135. 
Injurv   or   destroving,   §   617. 
Larceny  of,   §§   492,  494. 
Offering  forged,  for  record,  §  115. 


INSURANCE— INTOXICATING     LIQUOR.  S45 

Offering  forged,  in  evidence,  §   132. 
Use  of   false,   upon   trial,   §   134. 

INSURANCE,  burning  insured   property,   §   548. 
Destroying  insured  property,   §   548. 
False  proofs  to  support  claim  for,  §  549. 
Foreign  company  noncompliance  with  law,  §  439. 
Lottery  tickets,  of,  §  324. 

Police  relief,  health  and  life  insurance  fund,  payment 
to,   p.   643,   Stats. 

INSURRECTION,  attempting  rescue  or  escape  while  county 
in  state  of,  §  411. 
Governor  may  order  out  militia,   §   732. 
Governor  may  declare   county  in,   §   732. 
Resisting  process  where  county  in  state  of,  §  411. 
Resisting  the  quelling  of,   §   411. 
Revoking  proclamation   of,   by   governor,   §   733. 

INTENT,  determined  how,  intoxicated  person,   §  22. 
Must  be  united  with  act,  §  20. 
Manifested,   how,    §    21. 
To  commit  murder,  assault  with,  §  217. 
To  defraud,  assignment  made  with,  §   154. 
To  defraud,  what  sufficient,   §   8. 
Unity  of  act  and  intent  necessary,   §  20. 

INTEREST,  pawnbroking,   §§   338,   340. 

INTERMENT:  See  Cemetery. 

INTERPRETER,  grand  .jury,  before,  §  925. 

Appointment  of  Italian  interpreter  in  cities  and  coun- 
ties and  counties  over  one  hundred  thousand,  p. 
618,   Stats. 

INTIMIDATION,  juror,  of,  §  95. 
Voter  of:     See  Election. 

INTOXICATING  LIQUOR,  lulministcring,  §  222. 
.\(liiltcrati()n   of,   §   3S2. 

Bringing  to  or  in  vicinity  of  f)risons,  etc.,  §   180a. 
Camp-meeting,  sale  at,  §§  301-,  305. 
Drunkard,  sale  to,   §  397;  p.  621,  Stats. 
Election  days,  selling  or  giving  away  on,  §  63b. 
Election  day,  sale  of  liquors  on,  §  63b,  act  to   prevent, 

p.   622. 
Indian,  sale  to,  §  397. 


S46        INTOXICATING     LIQUOR— INVOLUNTARY     SERVITUDE. 

Infant  under  eighteen,  giving  or  selling  to,  §  397b. 

Infants,  act  relating  to  sale  of  liquor  to,  §  397b,  note. 

Infant  under  eighteen,  permitting  to  enter  saloon,  § 
397b. 

Infant  under  eigliteen,  selling  or  giving  liquor  to,  pun- 
ishment of,  §  397b.  • 

Procuring  or  permitting  exhibition  of  females  in  saloons 
forbidden,    §   306. 

Sale  of  liquor  within  mile  of  insane  asylum  at  Napa  a 
misdemeanor,  §   172. 

Sale  of,  prohibited  in  vicinity  of  what  institutions,  !> 
172. 

Sale  of,  within  certain  distances  of  certain  public  insti- 
tutions, §  172. 

Sale  of.  near  soldiers'  home,  act  relating  to,  §  172,  note. 

Sale  of,  near  University  of  California,  act  relating  to, 
§  172,  note. 

Sale  of,  in  state  capitol  building,  act  relating  to,  §  172, 
note. 

INVOICE,  fraudulent,   §   541. 

Destroying  a  misdemeanor,  §  355. 

INVOLUNTARY    SERVITUDE,    holding    or    attempting    In 

hold  one  in,  §   ISl. 
Soldiers '   home,   sale   of   in   vicinity  of,   act   to   prevent, 

p.  622. 
State  capitol,  not  to   be   sold  in,  p.   623,  Stats. 
Theaters,   employing  women   to   sell  at,   a  misdemeanor, 

§  303. 
Theaters,  sale  of  at,  a  misdemeanor,  §  303. 
University    of    California,     sale    of    liquor    within    one 

mile  of,  a  misdemeanor,  §  172. 
Wages,   payment  in  saloon,   §   680. 

INTOXICATION,  as  defense  to  crime,  §  22. 

Officers,  intoxication  of,  punishment  of,  p.  635,  Stats. 

Persons  contriving  of  another  to  cause  him  to  com- 
mit  crime  are  principals,   §   31. 

Physician,  intoxicated,  guilty  of  misdemeanor,  when, 
§  346. 

Eailway  employees,  of,   §   391. 

Telegraph   operator,  of,   §  391. 

Train  dispatcher,   of,  §   391. 

Vagrants,  who  are,   §  647. 

INVENTORY    of   property   taken    under    search-warrant,    §§ 
1537,  1538. 


INVOLUNTARY   SERVITUDE— JAIL.  847 

Holding  or  attemptftig  to  hold  one  in,  a  felony,  §  181. 
Jurisdiction  of  offense  of  kidnaping  for,  §  784. 
Kidnaping  for  purpose  of,   §   207. 

IRRIGATION,  malicious  injury  to  works,  §§  592,  607. 

ITALIAN  INTERPRETER,  appointment  of,  in  cities  and 
counties  and  counties  over  one  hundred  thousand 
p.  618,  Stats. 

TSSUE,  fact,  of;  defined,  §  1041. 
Fact,  of,  tried  how,  §  1042. 
Fact,  of,  when  arises,  §  1041. 
Justice  's  court,  in,  how  tried,  §   1430. 
Presence  of  defendant  at  trial,   §   1043. 
Challenge,  in    trial  of,   §§   1061,   1078,   1081. 

JAIL:      See  Prison. 

Accommodations  for  prisoners,  §   1611. 

Civil     process,     prisoner    on,    when    not    to    be    received, 

§   1612. 
Civil  process,  security  for  expenses  of  ^jrisoncr,  §  1612. 
Classes    of    inmates,    separate    confinement    of,    §§    1598, 

1599. 
Confinement  to  be  actual,  §  1600. 
Contagious     disease,    removal    of   prisoners   in    case     of, 

§   1608. 
Contiguous  county,  of,  using,  §§   1603-1606. 
Credits   of   prisoner   in    county   jail   for   good    behavior, 

§   1614. 
Destroying,  injuring,  etc.,  §  606. 
Escape,  going  at  large  is,  §  1600. 
Escape,  jailer  suffering,  punishment  of,  S    lOS. 
Federal  prisoners,   §§   IGOi;   1602. 
Females  separate  from  males,   §§   1598,  7590 
Fire,  removal  of  prisoners  in  case  of,  §   1607. 
Guard  for,  §  1610. 
Jailer  refusing  to  receive  or  arrest   party  charged   with 

crime,  §  142. 
Kept  by  whom,  §  1597. 
Labor   by   prisoners,   rules    and    regulations,   rcspeccing, 

§   1614. 
Labor,  prisoners  may  be  required  to,  §   1613. 
Other  county,  of,  liability  for  prisoners  in,  S    1604. 
Other  county,  of,  return  of  |)risonerH  from,  §   1606. 
Other  county,  of,  jailer  to  receive  prisoners,  §  1604. 


S4S  JAIL— JUDGE. 

Other  county,  of,  when  may  be  used,  §  1603. 

Other  county,  of,  when  use  of  to  cease,  §  1605. 

Pestilence,  removal  of  prisoners  in  ease  of,  §  1608. 

Prisoner  in,  how  brought  before   court,  §   1567. 

Prisoners  on  civil  process  when  not  received,  §  1612. 

Rooms  required  in,  §  1598. 

Rules   and  regulations,   §    1614. 

Separate  confinement  of  different  classes,  §§  1598,  1599. 

Separation  of  children  and  adults,  p.  623,  Stats. 

Service  on  jailer  for  prisoner,  duty  of  jailer,  §  1609. 

Sheriff  answerable  for  federal  prisoners,  §  1602. 

Sheriff  to  keep,  §  1597. 

Sheriff  to  receive  and  provide  for  all  persons  committed, 

§    1611. 
Support   of  prisoner  on  civil  process,   §   1612. 
Used  for  what,  §  1597. 
Who  confined  in,  §  1597. 

JAPANESE,  importation  of,  §§  174,  175. 

Importation  of  women  for  immoral  purposes,  §  266c;   p. 

653,  Stats. 
Separate  offense  for  each  one  landed,  §  175. 

JEOPARDY:      See  Former  Jeopardy. 

JOINT  authority,  construction  of  words,  giving,  §  7. 

Defendants,  when  tried  separately  or  jointly,  §  1098. 

JOINT   DEFENDANTS,   acquittal   or   conviction   of   one    or 
more,  §  970. 
Verdict  as  to  some,  new  trial  as  to  others,  §  1160. 

JOINT    STOCK   COMPANY,   director   at   meeting   presumed 
to  assent  to  proceedings,  when,  §  569. 
Failure  of  oflicers  to  obey  legal  duty  a  felony,  §  564. 
False  reports  by  officers  a  felony,  §  564. 
Fraud  in  keeping  accounts  of,  punishment  of,  §  563. 

JUDGE,  bribery  of,  §§  92,  93. 

Disclosing     fact     of    indictment    being   found,    a    misde- 
meanor, §   168. 
Federal  judge,  offense  against,  p.  582,  Stats. 
Impeachment,  liable  to,  §  737. 

Plains,  of,  effect  of  code  on  statute,  m  relation  to,  §  23. 
Receiving  bribe,  punishment  of,  §  93. 
Receiving  emolument  or  reward,  punishment  of,  §  94. 
Salary  of  reporter,  receiving  part  of,  §  94. 


JUDGE— JUDGMENT.  843 

Stenographer,   receiving   part   of   salary   of,   by   tadieial 
officer,  §  94. 

Superior,  proceedings  on  information  against  or  indict- 
ment of,  §  1029. 
See  Superior  Court  Judge;  Justice  of  Peace. 

JUDGMENT:      See  Execution;  Sentence. 

Affirmed    or    appeal    dismissed,    proceedings    in    case    of, 

§    1470. 
Aggravation  of  punishment,  §§  1203,  1204. 
Aggravation  of  punishment,  proof  of  matters  in,  §  1204. 
Agreeing  to  give,  punishment  of,  §  96. 
Appeal,  on,  §§   1258-1265. 
Appeal   from,  time   of  taking,   §   1239. 
Arraignment  of  defendant  for,  §  1200. 
Arrest  of,  §§  1185-1188. 
Arrest  of  defendant  out  on  bail,  §  1195. 
Arrest    of,    defendant    when    to    be    held    or    discharged, 

§   1188. 
Arrest  of,   exception  may  be  taken  to  ruling  oti  motion 

in,    §    1172. 
Authority  necessary  to   execution   of,   other  than   death, 

§  "1213. 
Bench-warrant  to  defendant  out  on  bail,  §§  1195-1198. 
Cause  against,  what  may  be  shown,  §  1201. 
Certified  copy  to  be  furnished  officer  who  executes  it,  § 

1213. 
Costs  against  prosecutor,  for,  §  1448. 
Death,  of,  how  executed,  §§  1217,  1228,  1229. 
Death,  of,  opinion  of  justices,  §   1219. 
Death,  of,  power  to  suspend,  §  1220. 
Death,  of,  proceedings  where  defendant  becomes  insane, 

§§  1221-1224. 
Death,     of,     proceedings     where     defendant     pregnant, 

§§  1225,  1226. 
Death,  of,  proceedings  when  not  been  executed,  §   1227. 
Death,  of,  return  upon   death  warrant,  §   1230. 
Death,  of,  transmission  of  papers  to  governor,  §  1218. 
Defendant  in  custody,  bringing  before  court,  §  1194. 
Defendant  on  bail  not  appearing,  bench-warrant,  §  1195. 
Delivery  of  copy  of,  warden  of  prison,  §  1216. 
Demurrer,  on,  §  1007. 

Deposit  in  place  of  bail  to  be  ai)[)lied  on,  §  1297. 
Dismissal:   See    Dismissal. 
Entry  of,  §  1207. 
Pen.  Code— 54 


JUDGMENT. 

Exception  may  be  taken  to  decision  on  order  after  judg- 
ment,   §    1172. 

Execution  of  judgment  other  than  of  death,  §  1213. 

Felony,  time  of  pronouncing,  in  case  of,  §  1191. 

Pine  and  imprisonment,  of,  how  execiited,  §  1215. 

Fine    and    imprisonment,    limitation    on    imprisonment, 
§    1205. 

Fine,  for,  execution  may  be  issued  thereon,  §   1214. 

Fine,  for,  may  direct  imprisonment  until  paid,  §  1446. 

Fine,  judgment  for  constitutes  a  lien,  §  1206. 

Fine,  judgment  for  execution  may  issue  on,  §  1214. 

Fines:     See  Fines. 

Fraudulent  disposition  of  property  by  defendant  to   de- 
feat, §§  154,  155. 

Impeachment,  on,   §§   747-749. 

Imprisonment  in  state  prison,  for,  how  executed,  §  1216. 

Infant  delinquents,  probationary  treatment  of,  §  1388. 
See  Infant. 

Informal  verdict    on,  §  1162. 

Insanity,  showing  against,    §    1201. 

Insanitv    of    defendant,    proceedings     to     determine,     §S 
1221-1224. 

Judgment-roll,    §    1207. 

Jurisdiction,    facts     constituting    to    be    shown    on    trial, 
§    962. 

Justice's  court,  in,  §§  1445-1456. 

Lien  of  judgment  for  fine,  §  1206. 

Mitigation   of  punishment,   §   1203,   1204. 

Mitigation  of  punishment,  proof  of  matters  in,  §  1204. 

Pleaded,  how,  §  962. 

Presence  of  defendant,  necessity  of,  §  1193. 

Presence  of  defendant,  when  in  custody,  §  1194. 

Probationary  treatment  of  juvenile  offenders,  §   1388. 

Probationarv    treatment,    on    judgment    of   fine    and    im- 
prisonment,  §§   1203,   1215. 

Probation,   suspension   of   sentence,   and   placing  defend- 
ant on,  §  1203. 

Probation,  rearrest  of  defendant  and  pronouncing  judg- 
ment, §§   1203,   1215. 

Probation,     revocation,     suspension    or    modification    of. 
§§  1203,  1215. 

Probation,    termination   of   and   discharge   of   defendant, 
§    1203. 

Proceedings  on  arraignment  for  jiidgment,  §  1200. 


JUDGMENT— JURISDICTION.  851 

Proceedings  where  female  under  death  sentence  is  preg- 
nant, §§  1225,  1226. 

Pronounced,  if  no  cause  against  shown,  §   1201. 

Purchase  of,  by  constable  or  justice,  §  97. 

Eecord  of  action,  what  constitutes,  §  1207. 

Sanity,  rendition  of  judgment  after  restoration  of  de- 
fendant to,  §   1372. 

Special  verdict,  on,  how  given,  §  1154. 

Summary'  inquiry  into  matters  of  aggravation  or  miti- 
gation of  punishment,  §  1203. 

Time  for,  appointing,  §   1191. 

Transmission  of  papers  to  governor,  where  judgment  of 
death,  §  1218. 

JUDGMENT-ROLL,    what    constitutes,    §    1207. 

JUDICIAL  NOTICE,  matters  of  need  not  be  stated  in  indict- 
ment  or  information,  §  961. 
Private  statute,   §   963. 

JUDICIAL   OFFICER:   See   Officer. 
Bribery  of,  §§   92,  93. 
Federal,  offense  against,  p.  582,  Stats. 
Salary   of   stenographer   or   reporter,   receiving   part   of. 
§  94. 

JUNK,    infant,   receiving   from,    §   501. 

JUNK-DEALERS,  buying  from  minors,  §  501. 
Failing  to  keep  register,  §  339. 
Refusal  to  disclose  facts,  §  342. 
Refusing  inspection  of  books,  §  343. 
Sections  applying  to,  §  502. 
Subject  to  rules  of  pawnbrokers,  §  344. 

JURISDICTION,  abduction,  of,  §   784. 

Accessories,  principal  offense  in  another  county,  §  791. 

Acts  partly  within  one  county,  and  partly  within  an- 
other, §  781. 

Bigamy,  §  785. 

Boundary  of  counties,  act  on,  §  782. 

Child,  taking  or  enticing  away,  of,  §  784. 

Commitment  of  defendant  where  jury  dismissed  for  lack 
of,   §§   1114,   1115. 

Concubinage,  enticing  or  taking  away  woman  for,  §  784. 

County   where  committed,  jurisdiction   is  in,   §  777. 

County,  act  partly  in  one  and  partly  in  another,  §  781. 

28 


JURISDICTION. 

County,  property  feloniously  taken  out  of,  and  brought 

'into,  §  786. 
Crimes  committed  out  of  state,  when  punishable  in  state, 

§  27. 
Discharge  of  defendant  where  court  without,  §  1116. 
Discharge  of   defendant   where   jury  dismissed  for  lack 

of,  §§  1114,  1115. 
Duel,  leaving  state  to  evade  statute,  §§  231,  780. 
Duel  without  state,  death  within,  §   779. 
Embezzlement  out  of  state,  property  brought  in,  §  789. 
Enticing  away  child,  §  784. 
Escape  from  prison  of,  §  787. 
Goods    stolen    out    of    state    and    brought     within     state, 

§   497. 
Homicide,  injury  in  one  county,  death  in  another,  §  790. 
Incest,   of,   §   785. 

Information   for   offense   triable   in   another  county,  pro- 
ceedings,   §    827. 
In   general,   §   777. 

Judgment,  facts  constituting  to  be  shown  on  trial,  §  962. 
Jury  discharged  for  lack  of,  §§  1113-1116. 
Justice 's   court,   of,   §    1425. 
Kidnaping,   of,   §    784. 

Larceny  out  of  state,  goods  brought  in,  §  789. 
Objection,  how  taken,  §  1012. 
Objection  to,  not   waived,   §   1012. 
Offense    commenced    without    but    consummated     within 

state,  §  778. 
Offenses  committed  in  this  state,  §  777. 
Offense  committed  partly  in  state,  §  778a. 
Offenses  over  which  courts  have,  generally,   §   777. 
Person  out  of  state  aiding  crime  within,  §  778b. 
Principal,  of,  not  present  at  commission  of  offense,  §  792. 
Prize  fight,  §  795. 

Proceedings  when  court  has  not,  §§  1114.  1116. 
Prostitution,   inveigling  or   taking  away  female  for,   of. 

§   784. 
Eailroad  train,  jurisdiction  where  offense  committed  on, 

§  783. 
Eeceiving  stolen  goods  out  of  state   and  bringing  into. 

§    789. 
State,  acts  without,  §§  778,  779,  780. 
Train,    of    offense    on,    §    783. 
Treason  out  of  state,  of,  §   788. 
Vessel,   of   offense   on,   §   783. 


JURY:      See   Gmnd  Jury. 

Accommodations  for,  court  may  order  sheriff  to  provide, 

§   1135. 
Accommodations    for,    expenses     of,     a     county     charge, 

§   1135. 
Accommodations  for,  on  retirement,  §  1135. 
Accommodations  for,  sheriff  to  furnish,  if  supervisors  do 

not,    §    1135. 
Accommodations  for,  when  Icept  together,  §  1135. 
Accommodations  for,  who  to  provide,  §  1135. 
Acquit,   advising  to,   §   1118. 
Adding  to  list  of  jurors,  §  116. 

Adjournment  of  court   during  absence  of,   §   1142. 
Admonishing  not  to   talk,  §   1122. 

Agreement,  officer  to  conduct  jury  into  court  on,  §  11-17. 
Alternate  jurors,  §   1089. 
Amendment  of  challenge  to  panel,  §  1062. 
Bribing    jurors,    §§    92-96. 
Certifying  to  false  list,  §  117. 
Challenge,  affinity,  for,  §  1074. 

Challenge,  bias,  actual,  causes  stated  how,  §  1074. 
Challenge,  bias,  exception  may  be  taken  to,  §  1170. 
Challenge,  bias,  implied,  grounds  for,  §  1074. 
Challenge,    bias,    implied,    causes     stated    how,    §§    1074, 

1076, 
Challenge,  bias,  what  disqualifies,  §   1073. 
Challenge,  causes  of  stated  how,  §  1076. 
Challenge,  consanguinity,  for,  §  1074. 
Challenge,  conscientious  scruples  against  death  penalty, 

§   1074. 
Challenge,  court  must  allow  or  disallow,  §  1083. 
Challenge,  decision  of  court  on,  to  be  entered,  §   1083. 
Challenges,  defendants  cannot  sever,  §  1056. 
Challenge,    defendant    to    be    informed    as    to    when    he 

must   take,    §    1066. 
Challenge  defined,  §§  1055,   1071. 
Challenge,   denial  of,  how  made  and   tried,  §   1063. 
Challenge,  denial,  to  be  entered,  §   1063. 
Challenge,  excei)tion  to,  and  trial  thereof,  §§  li)77,   lo78. 
Challenge,  exemi)tion  not  ground  for,  §  1075. 
Challenge,  facts  alleged  may  be  denied  orally,  §    1077. 
Challenge,  fiduciary  relation,   for,  §   1074. 
(Jhallenge,   first  by  defendant,   then   by    peojile,   §    108(). 
Challenge  for  cause  defined,  §  1071. 
Challenge  for  cause,  general,  grounds  for,   §   1071. 


Challenge    for    cause,    kiuds   of,   §    1071. 

Challenge  for  cause,  order  of,  §  1087. 

Challenge  for  cause,  general  or  particular,  §  1071. 

Challenge  for  cause,  general,  causes  of,  §  1072. 

Challenge,  for  cause,  particular,  causes  of,  §§  1071,  1073. 

Challenge  for  having  served  as  juror,  §  1074, 

Challenge,  grounds  of,  for  implied  bias,  §  1074. 

Challenge,  kinds  of,  §§  1055,  1067,  1071. 

Challenge,  order  of,   §§    1086,   1087,   1088. 

Challenge,  particular  relations  of  persons,  as  ground  for. 
§    1074. 

Challenge,  party  for  having  been,  §  1074. 

Challenge,  peremptory,  after  challenges  for  cause  ex 
hausted,  §  1088^. 

Challenge,  peremptory,  defined,  §  1069. 

Challenge,  peremptory,  number  of,  §  1070. 

Challenge,  peremptory,  how  and  by  whom  taken,  §  1069. 

Challenge,  peremptory,  order  of  taking,  §  1088. 

Challenge,  peremptory  or  for  cause,  §  1067. 

Challenge,  rules  of  evidence  on  trial  of,  §  1082. 

Challenge,  time  for,  §  1068. 

Challenge  to  panel  allowed,  discharge  of  jury,  §  1065. 

Challenge  to  panel,  amendment  of,  §  1062. 

Challenge   to   panel  defined,   §   1058. 

Challenge  to  panel,  exception  may  be  taken  to  ruling, 
§    1170. 

Challenge  to  panel,  exception  to  and  proceedings  on, 
§§  1061,  1062. 

Challenge  to  panel  for  bias  of  summoning  officer,  §  1064. 

Challenge  to  panel  formed  from  persons  not  drawn, 
§   1064. 

Challenge  to  panel,  grounds  for,  §  1059. 

Challenge  to  panel  not  allowed,  impaneling  jury,  §  1065. 

Challenge  to  panel,  proceedings  on  allowance  or  disal- 
lowance,  §    1065. 

Challenge  to  panel,  taken  when  and  how,  §  1060. 

Challenges  in  justice 's  court,  §   1436. 

Challenged  juror,   examination   of,   §   1081. 

Changing  lists  of,  §  116. 

Charging:      See    Instructions. 

Coroner's:     See  Coroner. 

Decision  of,  may  be  in  court,  or  on  retirement,  §  1128. 

Degree  of  crime  to  be  found,  §  1157. 

Destroying  jury-box,  §   116. 

Destroying  lists  of,   §   116. 


Discharge  of,  when  facts  do  not  constitute  offense,  pro- 
ceedings on,  §  1117. 

Discharge,  where  juror  "becomes  sick  after  retirement, 
§    1139. 

Discharge  of,  for  want  of  jurisdiction  and  proceedings 
on,    §§    1113-1116. 

Discliarge   of,  retrial,  §   1147. 

Discharge  of,  when  all  do  not  appear,  §  1147. 

Discharge  of,  when  facts  do  not  constitute  offense, 
§§   1113,   1117. 

Discharged  without  verdict,  cause  again  tried,  §  1141. 

Discharged,  not  to  be  unless  no  probability  of  agree- 
ment, §   1140. 

Exception  to  challenge  and  proceedings  on,  §§  106l, 
1062,  1077,  1078. 

Fact,  issue  of,  triable  by,  §  1042. 

Fact,  questions  of  to  be  decided  by,  §  1126. 

False  lists,  §   117. 

Falsifying  lists,  §   117. 

Fees  of  jurors  and  payment  thereof,  §  1143. 

Formation  of,  manner  of,  in  general,  §  1046. 

Grand:      See   Grand  Jury. 

Illness  of  juror,  proceedings  on,  §  1123. 

Inquest  of:     See  Coroner. 

Instruction,  jury  may  take  with  them,  §  1137. 

Intimidating,  §  95. 

Jury-box,  extracting  from,  or  putting  names  in,  §  116. 

Jury-box,   interfering  with,   §    116. 

Justice's  court  in:      See  Justice's  Court. 

Keeping  together  or  separating  during  trial,  discretion  of 
court,   §   1121. 

Knowledge  of  juror  to  be  declared,  §  1120. 

Knowledge  of  facts,  proceedings  where  juror  declares, 
§   1120. 

Law  and  fact,  may  determine  in  libel,  §§  251,  1126. 

Law,  jury  to  take  from  court,  §  1126. 

Lesser  offense  or  attempt,  conviction  of,  §  1159. 

Lists,  altering,  changing,  or  interfering  with,  a  felony, 
§   116. 

Mileage  of  jurors,  §   1143. 

Misconduct   of   juror,   §   96. 

Misconduct  of,  new  trial,   §   1181. 

Number  of  jurors  in  misdemeanor  cases,  §  1052. 

Oatli  of  in  justice  court,  §  1437. 

Oath  of  officer  having  custody  of,  §§  1121,  1128,  1440, 

Officer,  removal  of,  trial  to  be  by,  §  767. 


S56  JURY— JUSTICES'    AND    POLICE   COURT. 

Opinion,   conscientious,    of   juror,   precluding  verdict    of 

guilty,  §   1074. 
Opinion,   juror   not    disqualified   by,    §    1076. 
Panel  defined,  §   1057. 

Papers  that  may  be  taken  by,  on  retiring,   §  1137. 
Police  court,  in:     See  Police  Court. 
Polling,  §  1163. 

Polling,  sending  out  for  further  deliberation,  §  1163. 
Proceedings   where   all  jurors   do   not   appear   on   return 

with  verdict,  §  1147. 
Previous  conviction,  finding  on,  §  11-58. 
Eeceiving  bribe,   punishment   of,   §   93. 
Ketirement  of,  juror  declaring  knowledge  during,  §  1120. 
Eetirement  of,  papers  that  may  be  taken  on,  §  1137. 
Returning  for  information,  §  1138. 
Return  of,  on  agreement,  §  1147. 

Room  and  accommodations  for,  after  retirement,  §  1135. 
Rumor,  opinion  formed,  §  1074. 

Separation  during  trial,  court  may  permit,   §.  1121. 
Sick  juror,  proceedings  on,  §  1123. 
Sick  juror,  after  retirement,  proceedings  on,  §  1139. 
Testimony,  notes  of,  jury  may  take  with  them,  §  1137. 
Trial  of  challenge  to  panel,  §  1063. 
Verdict  of :  See  Verdict. 

Verdict  prevented,  trial  of  cause  again,  §  1141. 
View  of  premises,   §   1119. 
"Waiver  of,  manner  of,  §  1042. 

Witness,  juror  as  on  declaring  knowledge  of  fact,  §  1120. 
"Witness,    challenged   juror    as    to    disprove    challenge,    § 

1081. 

■TUSTICE:      See  Supreme  Court  Justice. 

JUSTICE,  FEDERAL,   offenses   against,   p.   582,   Stats. 

JUSTICE  OF  THE  PEACE:   See  Justice's  and  Police  Court. 
Corporation    committing    offense,    summons   to   issue,    § 

1427. 
Corporation    committing    offense,    summons,    service    of, 

and  proceedings  on,   §   1427. 
Is  magistrate,   §   808. 
"Warrant,  when  must  issue,  §  1427. 

JUSTICE'S  AND  POLICE  COURT,  acquittal,  discharge  of 

defendant  on,  §  1454. 
Affidavits,  entitling,  §  1460. 
Appeal  to   superior  court,   §§   1466-1470. 


JUSTICE'S    AND    POLICE    COURT.  857 

Appeal:      See   Appeals. 
Arrest,  form   of  warrant,   §   1427. 
Arrest  of  judgment  in,  §  1450. 
Arrest  of  judgment,  effe'ct  of,  §  1452. 
Arrest  of  judgment,  time  for  motion  in,   §   1450. 
Arrest  of  judgment,  grounds  for,  §  1452. 
Bail,    §    1458. 

Challenges  to  jurors,  grounds  of,  §  1436. 
Challenges  to  jurors,  court  to  try,  §  1436. 
Complaint,  proceedings  to  commence  by,  §   1426. 
Complaint,  form  of  and  what  to  set  forth,  §  1426. 
Conviction,  proceedings  on,  §  1445. 

Costs,    judgment     against,     prosecutor   for    and    enforce- 
ment of,  §  1448. 
Court,  trial,  by,  on  waiver  of  jury,  §  1430. 
Court  cannot  charge  on  question  of  fact,  §  1439. 
Discharge  of  defendant  on  pavment  of  fine,  §  1457. 
Docket  of,  how  kept,  §  1428.  " 

Execution    of    judgment    for    imprisonment,    manner     of, 

§   1455. 
Execution    of    judgment    of  -  imprisonment    until    fine    is 

paid,  §  1456. 
Pact,  court  not  to  instruct  as  to,  §  1439. 
Fine  and  imprisonment,  on  nonpayment,   §   1447. 
Fine,  failure  to  pay  over,  §  427. 
Fine,  judgment  of,  discharge  of  defendant,  §  1454. 
Fines  and  forfeitures,  how  disposed  of,  §   1457. 
Instructions  as  to  facts  not  to  be  given,  §  1439. 
Issue  tried  how,  §  1430. 

Judgment,  bail  to  appear  for,  postponement,  §  1449. 
Judgment,  purchase  of  by  a  justice,  §  97. 
Judgment  of  fine  may  direct  imprisonment,  §  1446. 
.ludgment,  time  for  rendering,  §§  1449,  1453. 
Judgment  to  be  entered   in  minntes,   §   1453. 
Jurisdiction,  have,  over  what  offenses,  §  1425. 
Jury,   discharge   of,   without   verdict,   §§    1443,    1444. 
•Jury  discharged,  retrial  of  defendant,  §  1444. 
Jury,  formation  of,  §  1435. 
Jury  may  decide  in  court  or  retire,  §  1440. 
.Jury  trial,  how  conducted,  §  1438. 
.Jury  waived  how,  §  1435. 
Law,  court  to  decide  questions  of,   §   1439. 


858  JUSTICE'S   AND    POLICE    COURT— JUVENILE   COURT. 

Lottery,  proceedings  to  enforce  forfeiture  of  property  in, 

§   325. 
Magistrate,  justice  is  a,  §  808. 
Minutes  kept  how,  §  1428. 
New    trial   granted    on   appeal   to    be   in   superior   court, 

§    1469. 
New  trial,  grounds  for,  §  1451. 
New  trial,  time  for  motion  for,  §  1450. 
Oath  of  jurors,  §  1437. 

Oath  of  officer  having  custody  of  jury,  §  1440. 
Plea,   and   how   put   in,    §   1429. 
Plea  of  guilty,  jjroceedings  on,  §  1429,  1445. 
Postponement  of  trial,  right  of,  §  1433. 
Presence  of  defendant  necessary,  8  1434. 
Prosecution  need  not  be  by  indictment  or  information, 

§  682. 
Subpoenas,  punishment  for  disobedience,  §  1459. 
Subpoenas,    who    may   issue,    §    1459. 
Trial  conducted  how,  §  1438. 
Venue,  change  of,  §§  1431,  1432. 
Verdict,  discharge  of  jurv  without,  and  proceedings  on, 

§§  1443,  1444. 
Verdict  of  jury,  how  delivered  and  entered,  §  1441. 
Verdict  of  jury,  when  several  -defendants,  §  1442. 
Verdict  to  be  general,  §  1441. 

JUTE,  buildings,  land  and  machinery  for  manufacture  of  at 

San  Quentin,  p.  717,  Stats. 
Establishment   of   permanent    fund   for   purchase    of,    p. 

717,  Stats. 
Purchase   and   manufacture   of   at   San   Quentin,   p.    717, 

Stats. 

JUVENILE  COURT.  Boards  to  investigate  organizations 
receiving  children,  appointment  and  duties  of,  p. 
623,  Stats. 

Control,  protection  and  treatment  of  dependent  and  de- 
linquent children,  p.  623,  Stats. 

Creation,  powers  and  duties  of,  p.  623,  Stats. 

Probation  officers,  appointment,  powers  and  duties,  p. 
623,   Stats. 

Procedure  in,  p.  623,  Stats. 

Proceedings  under  act,  when  admissible  in  evidence,  p. 
623,  Stats. 

Separation  of  children  and  adults,  p.   623,  Stats. 


JUVENILE    DELINQUENT— LANDMARK.  859 

JUVENILE   DELINQUENT,    probationary   treatment    of,   S 
1388.  ^ 

KIDNAPING:   See  Abduction. 
,     Abduction   out   of   state,   and   bringing   person  in   state, 
§   207. 
Child,   §  278. 
Defined,  §  207. 
Jurisdiction   of,   §   784. 

Out  of  state,  and  bringing  person  within  state,  §  207. 
Punishment  of,  §§  208,  209. 
What  amounts  to,  §§  207,  209. 

KINGS  RIVER,  destruction  of  fish  in,  act  to  prevent,  p.  606. 

KLAMATH  RIVER,  limit  of  tide-water  in,  §  634. 

KNOWINGLY  defined,  §  7. 

LABEL:   See  Trademark. 

False,  on  articles,  a  misdemeanor,  §  349a. 
False,  on  goods,  punishment  for  affixing,  §  349a. 
Poisons,  sale  of,  packages  to  be  labeled,  §  347a. 

LABOR,   eight   hours,   requiring   minors   to   work   more   than, 
§   651. 
Prisoners  may  be  required  to,  §  1613. 
Prisoners,  rules  and  regulations  therefor,  §  1614. 
Stone-cutting  by  convict  forbidden,  §  1588. 
See  Hours  of  Labor. 

LABOR  ORGANIZATION,   coercing  persons  not   to  join,    § 

679. 

LAKE  BIGLER,  preservation  of  fish  in,  p.  606,  Stats. 

LAKE  CHABOT,  fishing  in,  forbidden,  p.  605,  Stats. 

LAKE   MERRITT,  act   to   prevent    destruction   of   fish   and 
game  in  and  around,  continued  in  force,  §  23. 

LANDLORD  AND  TENANT:   See  Lease. 

Gambling  by  infant,  lessee  permitting,  §  336. 
Gambling,  permitting  by  lessor,  §§  331,  336. 

LANDMARK,  defacing,  removing,  etc.,  §  605. 


S60  LARCENY. 

LARCENY,  allegations  of  theft  of  bank  notes,  moneys,  cer- 
tificates, etc.,  sustained  when,  §  1131. 

Assault  with  intent  to  commit,  §  220. 

Bicycles,  taking  is  grand,  §  487. 

Bringing    stolen    property'  within    state,    punishment,    § 
27,   497. 

County  treasurer,   delivery  of  unclaimed  property  to,   § 

1411. 
Custody  of  the  property  by  peace  officer,  §  1497. 
Defined,  §  484. 
Degrees  of,  §  486. 
.  Delivery  of  the  property  to  owner,   §§   1408-1410. 
Dogs,  of,  §  491. 

Electricity,  stealing  of,  §  499a. 
Evidence  to  prove,  §   1131. 

Eire,  of  goods  saved  from,  in  San  Francisco,  §  500. 
Fixtures,  or,  §  493. 
Gas,  stealing  of,  §  498. 
Grand  or  petit,  §  486. 
Grand,  articles  subject  of,  §  487. 
Grand,  converting  realty  into  personalty  with  felonious 

intent,  p.  631,  Stats. 
Grand,  defined,  §  487. 
Grand,  stealing  amalgam,  gold  dust  or  quicksilver  from 

any  mining  claim,  p.  631,  Stats. 
Grand,  what  amounts  to,  §  487. 
Indictment  or  information  for,  §  967. 
Jurisdiction  when  committed  out  of  state,  goods  brought 

jn,  §  789. 
Jurisdiction  where  property  brought  into  county,  §  786. 
Lost  property,  of,  §'485. 
Mortgaged   chattel,   removing   or   disposing    of    without 

consent,  larceny,   §   537. 
Mortgaged  personalty,  fraud  in  transferring,  is,  §  538. 
Mortgaged    property,    removing    improvements    from    is, 

when,  §  502, 
Out  of  state,  goods  brought  in,  §  497. 
Petit  or  grand,  §  486. 
Petit  defined,   §  488. 

Petit,  jurisdiction  of  justice's  court  over,  §  1425. 
Petit,  punishment  where  second  offense,  §  666. 


LARCENY— LEGISLATURE.  8G1 

Property   or    money   taken   from    prisoner,     and    receipt 

therefor,   §§    1412,   1413. 
Public   documents,  of,  §§   113,   114. 
Punishment  of  grand,   §  489. 
Punishment  of  petit,  J  490. 
Punishment  of  second  offense,  §  666. 
Realty,  severing  or  removing  a  part  of  is,  §  495. 
Receiving  stolen  property,  punishment  for,   §   496. 
Receiving  stolen  ])roperty,  purchasing  or  receiving  when 

evidence  of  theft,  §  496. 
Records,  of,  §§   113,  114. 
Removal  of  property  subject  to  chattel  mortgage  without 

consent,  §  538. 
Search-warrant  in  ease  of,  §  1524. 
Second  offense,   §  666. 

Stolen  goods,  buying  or  receiving,   §  496. 
Stolen  goods,  receiving,  evidence,  §  496. 
Stolen  property,  bringing  into  state,  §  27. 
Tickets,  of,  and  value  of,  §§  493,  494. 
Value  of  written  instruments,   §§  492,  494. 
Water,  of,  §  499. 

Written  instruments,    value  of,   §  492. 
Written  instruments,  not  delivered,  of,  §  494. 

LASCIVIOUS  CONDUCT  wath  child,  §  288. 

LAUDANUM:    See  Drugs;   Narcotics. 

LAW,  court  to  decide  questions  of,  §§  1124,  1126,  1439. 

Exceptions  may  be  taken   to   decisions  on   questions   of, 

§§    1170,    1172,   1173. 
Jury  to  take  from  court,  §   1126. 
Libel,  jury  decides  both  law  and  fact  in,  §  1125. 

LAWFUL  RESISTANCE,  when  and  bv  whom  made,  §§  692- 
694. 

LEASE,  forgery  of,  §  470. 

Gambling,  lessee  permitting  iiii'aiit  to  gamble,  §  336. 
Gambling,  permitting  by  lessor,  §§  331,  336. 
Lottery,  of  building  for,  §  326. 
Prostitution   or  assignation,   letting  house  for,  §  316. 

LEGISLATURE,   altering   draft   of   bill  or  resolution,   §   83. 

Altering  enrolled  copy  of  bill  or  resolution,  §  84. 
Bill,  alt(ri!ig,   §§   83,  84. 


862  LEGISLATURE— LIBEL. 

Bribe,  legislator  receiving  forfeits  office,  §  86. 

Bribery,  obtaining  money  or  property  to  influence  vote 

of  member,  §  89. 
Bribes,  giving  to  members,  §  85. 
Bribes,  offering  to  members,  §  85. 
Bribes,  receiving  by  members,  §  86. 

Bribes  to  members  by  candidate  for  United  States  sen- 
ate, §§   63,  63a. 
Candidate  for,  pledge  by,  punishment  of,  §  55a. 
Candidate,  soliciting  vote  of,  punishment  of,   §   55a. 
Candidate    for    or    member     of,    receiving     money     from 

candidate  for  United  States  senatorship,  §  63a. 
Disorderly  conduct  in  presence  of,  §  82. 
Disqualified   to   hold  office,  member  is,  for  what  crimes, 

§  88. 
Disturbing   session,    §   82. 

Forfeiture  of  office  by  member,  for  what  crimes,  §  88. 
Lobbying,   no   privilege  of  witness  in  case  of,  §   89. 
Lobbying,   punishment   of,    §    89. 
Members  forfeit  office,  and  disqualified,  for  what  crimes, 

§  88. 
Obtaining  money  to  influence  vote  of  member,  §  89. 
Obtaining    money    to    influence    legislator,    privilege    c 

witness,    §    89. 
Preventing  the  meeting  or  organization  of,  §  81. 
"Resolution,  altering,  §§  83,  84. 
Witness  before,  refusal  to  attend,  §  87. 
Witness  before,  refusal  to  be  sworn  or  to  give  evidence, 

§  87. 

LETTERS,  conveying,  to  convict  in  state  prison,  §  171. 
Opening  or  publishing,    §   618. 
Sending,  complete  when,  §  660. 
Threatening,  sending,.  §§   523,   650. 

LEVEE,  cutting,   §   607. 

LEWD:    See  Obscene. 

Conduct   with   child,   §   288. 

LIBEL,  author's  liability,  §§  253,  258,  259. 
Cartoon  or  caricature,   publishing,   §   258. 
Defined,    §    248. 

Editor's  liability,  §§  253,  258,  259. 
Indictment  or  information  for,  §  964. 
Jury  may  determine  law  and  fact,  §§  251,  1126. 


LIBEL— LIGHT.  863 

Malice  presumed,  §  250. 

Newspaper  articles  to  be  signed,  §  259. 

Newspaper  article,  failure  to  sign,  punishment,  §  259. 

Offer  to  prevent  publication,  extortion  by,  §  257. 

Privileged  communications,  §  *56. 

Privileged  communication  by  interested  person,   §8   231 

256. 
Privileged,    report    of   public    official    proceedings    is, 

254,  255. 
Privilege,  extent  of,  §  255. 
Publication,  what  constitutes,  §  252. 
Publisher's   liability,    §§   253,   258,   259. 
Punishment  of,    §  249. 

Special  verdict  cannot  be  found  in,  §  1150. 
Threatening  to  publish,  §  257. 
Truth  may  be  given  in  evidence,  §  251. 

LIBRARY,  books,  etc.,  destroying,  etc.,  §  623. 
Books,  etc.,  detaining  from,   §  623^/^. 

LICENSE,  carrying  on  business  without,  §  435. 

Delivering   without   receipt  for   payment,    §    431. 

Forfeiture  of,  by  attorney,  §  162. 

Forfeiture  of,  for  holding  mock  auction,  §  535. 

Given  for  forbidden  games,  §  337. 

Necessary   to    form   military  company,   §   734. 

Pawnbroking  without,   §   338. 

Piloting,   unlicensed,   §   379. 

Receipts,  blank,  other  than  those  prescribed  by  law, 
punishment,   §  432. 

Receipt,  inserting  more  than  one  name  in,  a  misde- 
meanor,   §   431. 

Receipt,  collecting  without  giving,  a  misdemeanor,  § 
431. 

Receipts  for,  unlawfully  liaving  blank,  §  432. 

To  form  military  company  revocable  at  any  time,  § 
734. 

LIEN,  judgment  for  fine,  constitutes,  §  1206. 

LIEUTENANT-GOVERNOR,  compensation  of  as  director  of 
state  prison,  §  1575. 
Impeachment,  liable   to,  §   737. 

Vacancy  in  office,  president  pro  tern,  of  senate  to  act 
as  prison  director,  §  1574. 

LIGHT:   8ee  Signal  Light. 


864  LIMITATION    OF    ACTIONS— LOG-ROLLING. 

LIMITATION   OF    ACTIONS,    absence   of    defendant    from 

state,  §   802. 
Embezzlement,   for,     §   799. 
Falsification  of  records,  for,  §   799. 
Felonies,  for,   §   800. 
Indictm.ent    found    when,    §    SO.*?. 
In  general,  §  800. 
Misdemeanors,  for,  §  801. 
Murder,  for,   §   799. 

LIQUOR:    See    Intoxicating    Liquors. 

LITERARY  PROPERTY:   gee   Copyright. 

LITERATURE,    iujiniiig,   in   public   library,   §   623. 

LIVERY-STABLE   KEEPER,   breach   of   agreement   with,   a 
misdemeanor,  §  o37b. 
Defrauding,  a  misdemeanor,  §  537b. 

Injury  to  animal  or  vehicle  obtained  from,  a  misde- 
meanor,   §    537b. 

LIVESTOCK:    See    Animals;    Railroads. 
Poisoning,    §    596. 

LOBBYING,  obtaining   money   to   influence   legislator,   §   89. 

LOBSTERS    closed  season  for,   §   628. 

Possession    during   closed    season,    §    628. 

LOCOMOTIVE,    mismanagement   of,    §§    349,    368. 
Omitting  to  ring  at  crossing,  §  390. 

LODGER,    embezzlement,    when    guilty,  of,    §   507. 

LODGING  HOUSE:   See  Innkeeper. 
Cubic  air  law,  §  401a,  note. 
Number  of  cubic  feet  required  for  each   lodger,   §  401a. 

LOG:   See   Timber. 

Defacing  marks   on,   §   356. 

Driving  substances  into  that  will  injure  saws,  a  fel- 
ony, §  593a;  p.  633,  Stats. 

Lumber  manufacturers,   act  to   protect,   §   593a,  note. 

Placing  substances  in  that  will  injure  saws,  a  felony, 
§   593a. 

LOG-ROLLING,  punishment  of,   §   86. 


LOST    PROPERTY— MAGISTRATE.  Stio 

LOST  PROPERTY,  larceny  of,  §  485. 

LOT,  city,  injury  to,  §  602. 

LOTTERY,  advertising  offices,  §  323. 

Aiding,  §  822.  * 

Defined,  §  319. 

Evidence  respecting  tickets,   §   1109. 

Forfeiture  of  property  offered  for  disposal  in,   §   325. 

Insuring  tickets,    §    324. 

Intsuring    tickets,    publishing    offers,    §    324. 

Letting  building  or  vessel  for,  §   326. 

Offices,  keeping,  §  323. 

Proceedings  to   enforce  forfeiture  of  property,   §  325.' 

Punishment  for  drawing,  §  320. 

Punishment  for  selling  tickets,   §   321. 

LUMBER:   See  Log;   Timber, 

LUNATIC:   See  Insane  Person. 

MAGISTRATE,  arrest,  may  orally  order,  when,  §  838. 

Bail,  who   may  admit   to,   §    1277. 

Defined,   §§   7,   807. 

Delay  in   taking  arrested   person   before,   §   145. 

Depositions,  may  take,   §  811. 

Depositions  and  warrants  to  be  delivered  to  magis- 
trate hearing,  §§  826,  827,  828. 

Examination  of  prosecutor  and  his  witnesses  upon  com- 
plaint,   §    811. 

Inability  to  act,  taking  before  nearest  magistrate,  § 
824. 

Information  for  offense  triable  in  another  county,  pro- 
ceedings,  §  827. 

Meaning  of,  §  7. 

Proceedings  where  defendant  taken  before  another  than 
one    issuing   warrant,    §§    S26-828. 

Procedure  where  defendant  brought  before,  on  pre- 
sentment, §  937. 

Eioters,  refusing  or  neglecting  to  disperse,  §  410. 

Taking  before,  defendant  to  be  brought  before  without 
delay,  §§  825,  847,  849. 

Taking  before  without  delay,  defendant  arrested  with- 
out warrant,  §  849. 

Taking  before,  delay  in  taking  arrested  person  before, 
a  misdemeanor,  §  145. 

Pen.  Code— 55 


866  MAGISTRATE— MALICIOUS  MISCHIEF. 

Taking  defendant   before,   §§   821,   824,   827,   828. 

Taking  defendant  before  nearest,  §§  824,  827,  828. 

Taking   defendant   before   another   magistrate   than   one 
who  issued  warrant,  §§  824,  826,  828. 
•        To    transmit   warrant,    depositions,   and   undertaking   to 
clerk  of  court,  §  829. 

Warrant    indorsed    for    service    in    another    county,    lia- 
bility of  magistrate,  §  820. 

Who  are  magistrates,  §  808. 

MAIL:   See  Letters. 

MAINTENANCE  and  champerty,  §   161. 
See  Attorneys. 

MALICE    defined,    §    7. 

Implied,   defined,   §    188. 
Express,   defined,   §    188. 
Homicide,  in,  §  188. 
Libel,  in,  presumption  of,  §  250. 

MALICIOUSLY  defined,  §  7. 

MALICIOUS    MISCHIEF,    advertisements,   destroying,   pun- 
ishment of,  §  616. 
Animals,    killing,    maiming,    torturing,    §    597. 
Animals,  poisoning,  §  596. 
Birds   in    cemetery,    killing,    §    598. 
Books,   etc.,  of  public   library,  to,   §§   623,   6231/4. 
Bridge,  to,  §§  588,  600,  607. 
Buoys  and  beacons,  to,  §   609. 
Burning  bridges,   grain,   etc.,   §   600. 
Burning   property   of   another,   punishment   of,    §    600. 
Canals,  etc.,  to,  §§  592,  607. 
Crops,  to,  §  604. 

Cruelty  to  animals:  See  Cruelty  to  Animals. 
Dam,  to,  §   607. 
Defined,  §  594. 
Electric  lines,  to,  §  593. 
Explosives:  See  Explosives. 
Explosives,  malicious  use  of,  §  601. 
Fences,  to,   §  602. 

Fire  alarm  apparatus,   interference   with,   §   625a. 
Fire,    false    alarm   of,    turning   in,    §    625a. 
Fires,  malicious,  in  general,   §   600. 
Freehold,   to,   §   602. 


MALICIOUS    MISCHIEF.  867 

Gas-pipe,  to,  §  624. 

Guide-board,  to,  §  590. 

Highways,  to,  §  588. 

Improvements,  injuring,   §   622. 

Irrigation  works,  to,  §  607. 

Jails,  to,  §  606. 

Landmarks,  to,  §  605. 

Letters,  opening  or  publishing,  §  618. 

Lights,   exhibiting  false,  punishment  of,  §  610. 

Lights,  to,  punishment  of,  §  610. 

Mile-stone,  to,  §  590. 

Misdemeanor,  is,   §  594. 

Mooring  vessel   to   buoy   or   beacon,    §    614. 

Navigation,  obstructing,  §  613. 

Navigation,  obstructing  by  throwing  overboard  bal- 
last,   etc.,    §    613. 

Notices,  to,  §   616. 

Private  way,  to,  §  588. 

Proclamations,  destroying,   punishment   of,   §   616. 

Eafts,  to,  §   608. 

Eailroads,   to,   §   587. 

Eestrictions  on  sections  respecting,  §  595. 

Signals,  etc.,  in  coast  survey,  to,  §  615. 

Signal  lights,  to,  §  610. 

Signals,  false,  punishment  for  exhibiting,  §  610. 

Signboards,  to,  §   602. 

Stream,   navigable,  obstructing,  §   611. 

Telegraph  or  telephone  message,  to,  §§  619-621. 

Telegraphic  or  telephonic  message,  alteration  of,  §  620. 

Telegraphic  or  telephonic  message,  disclosing  contents, 
punishment  of,  §  619. 

Telegraph  or  telephone  message;  opening,  punishment 
of,   §   621. 

Timber,  to,  §  602. 

Toll-gate,  to,  §  589. 

Toll-house  and  gates,  §  589. 

Toll-house,  to,  §  589. 

Trees  or  plants,  injuring,   §   622. 

Trespass   upon   property,   punishment   of,   §   602. 

United  States  coast  survey,  removing  signals,  posts, 
etc.,  of,  a  misdemeanor,   §   615. 

Vessel,  setting  adrift,  §  603. 

Water   company 's   property,   to,   §   592. 

Water,  drawing,  after  works  closed,  §  625. 


56S  MALICIOUS    MISCHIEF— MARRIAGE.  ^ 

Water,   etc.,  pipes,   to,   §   624. 
Waterworks,  to,  §  607. 
Works  of  art,  injuring,  §  622. 
Written  instrument,  to,  §  617. 

MALPRACTICE  by  intoxicated  physician,  §  346. 

MANIFEST  of  cargo,  fraudulent,  §  541. 

MANSLAUGHTER:   See  Homicide. 

MANUFACTURED   GOODS,   false   imprint  or  label   on,  act 
to  prevent,  p.  633. 

MANUFACTURES:    See    Logs. 

raise  labels  a  misdemeanor,   §  349a. 
False  labels,  punishment  for  affixing,  §  349a. 
Fraud,  in  stamping  and  labeling,  act  to  prevent,  §  349a, 
note. 

MAP,  stealing  or  mutilating,  §§  113,  114. 

MARIPOSA  COUNTY,  act  to  protect  stock-raisers  in,   con- 
tinued in  force,  §  23. 

MARK,    act    concerning    marks    in    Siskiyou    County    con- 
tinued in  force,  §  23. 
Altering  brands,  §   357. 
Defacing,  on  logs,   etc.,   §   356. 
Defacing,  on  wrecked  property,  §  355. 
Signature  or  subscription  include,  §  7. 
Signing  by,  §  7. 

MARKET  PRICE,  fraud  to  affect,   §  395. 

MARKET    VALUE,    practicing    fraud    to    affect,    a    misde- 
meanor, §  395. 

MARRIAGE,   advertising   procurement   of   dissolution    of,    a 
misdemeanor,   §    159a. 
Failure  to  file  license  with  recorder,  punishment,  §  360. 
False  record  of,  punishment  of,   §   360. 
False  return,  punishment  of,  §   360. 
False  personation,  under,  §  528. 
Incestuous,  solemnizing  an,  §  359. 
Eeturn  of,  false,  §  360. 
Seduction  under  promise  of,  punishment  of,  §  268. 


MARRIAGE-MASTER  AND  SERVANT.  869 

Seductiou  under  promise  of  marriage,  effect  of  subse- 
quent marriage,  §  269. 

Solemnizing  forbidden,  §  359. 

Solemnization  without  license,  punishment  of,  §  360. 

Taking  woman  with  intent  to  compel  her  to  marry. 
§  265. 

Willfully  marrying  spouse  of  another,  punishment  of, 
§  284. 

MARRIED    PERSON,    conveying   lands    under    false    repre- 
sentations,   §   534. 

MARRIED  WOMAN,  criminal  liability  of,  §  26. 

Placing  in  house  of  prostitution,  act  to  prevent,  p.  654. 
Undertaking    of,    as    witness    at    preliminary    examina- 
tion, §   880. 

MARSHAL,  warrant  of  arrest,  directed  to,  §  SIS. 
Peace  officer,  marshal  is,   §   817. 

MASCULINE  includes  feminine  and  neuter,   §   7. 

MASK,  wearing,  §    185. 

MASTER  AND  SERVANT:  See  Elections;  Hours  of  Labor; 

Eailroads. 
Child,  sending  to  immoral   place,  §  273e. 
Coercion    of    employee    not    to    join    a    trade    union,    a 

misdemeanor,  §  679. 
Conspiracy,    meaning   of   in   disputes    between    employer 

and   employee   limited,   p.   581,   Stats. 
Day  of  rest  from  labor,  act  providing,  p.  722. 
Discrimination    against    member    of    National    Guard,    § 

421. 
Embezzlement,  when  guilty  of,   §   508. 
Employees:    See   Employees. 
Employment    agent,    duties    and    liabilities    of,    p.    592, 

Stats. 
Homicide   in   defending,   §   197. 

Infant  not  to  be  sent  to.  questionable  resort,   §  1389. 
Injunctions    in    disputes    between,    use    of    restricted,    p. 

581,  Stats. 
Misrepresentations  of  conditions  of  employment,  a  mis- 
demeanor, p.   635,   Stats. 
Officer  receiving  part  of  wages  or  salary,  p.   634,  Stats. 
Receiving  part  of  wages  of  laborer  on   juiblic  works,   a 

felony,   §   653d. 


S70  MASTER   AND    SERVANT— MILE-STONE. 

Receiving  part  of  wages  of  laborer  or  subordinate  of- 
ficer, act  relating  to,   §  653dj  note. 

Scaffolding  and  appliances,  obstructing  inspection  of,  § 
402c. 

Scaffolding  and  appliances,  removal  of  notice  that  un- 
safe,  §   402e. 

Scaffolding  and   appliances  unsafe,   erection   of,   §   402c. 

Sending  child  under  eighteen  to  immoral  place,  §  273. 

MAYHEM,  assault  with  intent  to  commit,  §  220. 
Defined,   §  203. 

Murder  in  committing,  degree  of,  §   189. 
Punishment  of,  §  204. 
What  constitutes,  §  203. 

MAYOR.     Consent   to   emplovment   of   child   as    musician,    § 
272. 
Military,  may  order  out,  §   728. 
Peace,   duty  to   preserve,   §   720. 

MEASURES,  false,  §§  552-555. 

See  Weights  and  Measures. 

MEETING,   corporate,   §§    569,   570. 

Disturbing  a  public,  §§  58,  59,  403. 
Police    to   preserve    peace    at,    §    720. 
Public,    preventing,    §    58. 
Religious,   disturbing,   §   302. 

MENACE  as  affecting  liabilit.y,   §§  26,  31. 
See    Duress;    Threats. 

MERCHANDISE,    fraudulent    issue    of    documents    concern- 
ing,  §§   577-581. 

MERGER  of  civil  and  criminal  action,  §  9. 

MESHES  of  fish  net,  size  of,  §  636. 

See  Fish;   Game   Laws. 

MESSAGES,  false:  See  Forgery. 

METER,  gas  or  electric,  interfering  with,  §§  498,  499a. 

MILEAGE  of  jurors,   §   1143. 

MILE-STONE,  malicious  injury  to,  §  590. 


MILITARY   COMPANIES— MISDEMEANOR.  87i 

MILITARY    COMPANIES,    cannot    be    formed    without    li- 
cense,  §  734. 
License  to  form  revocable  at  any  time,   §   734, 

MILITARY  STORES,  having  or  selling,   §§  442,  443. 

MILITIA,  arms  and  equipments  of,  having  or  calling,  §§ 
442,  443. 

Disobedience  or  insubordination  by  member,  a  misde- 
meanor, §§  652,  653. 

Failure  to  attend  parade  or  drill,  §§  652,  653. 

Governor  to  order  out  to  aid  in  executing  process,  when, 
§  725. 

Offenses,  how  prosecuted,  §  682. 

Parade  with  arras,  right  to,  §  734. 

Eiot,  armed  force  to  obey  orders  of  civil  officer,   §  730. 

Riot,  blank  cartridges,  penalty  for  firing,  §  731. 

Riot,  commanding  officer,  discretion  as  to  attacking 
and  firing,  §  731. 

Riot,  duty  of  officers  and  troops  to  obey  orders,  §  729. 

Riot,   governor,   when   may   order   out,   §§    728,    732. 

Riot,  governor  to  order  out,  to  suppress,  §  725. 

Riot,  militia,  arms  and  equipment  of,  §  729. 

Riot,  officer,  liability  of  for  acts  done,  §   731. 

Riot,  what  officers  may  order  out,  to  suppress,  §  728. 

Riot,   when   may   be   ordered   out   to   suppress,    §    728. 

Unlawfully   disposing  of  arms,   equipments,   etc.,   §   443. 

Unlawfully  retaining  possession  of  arms,  equipments, 
etc.,    §    442. 

Unlawful  companies,  §  734. 

MILK,  fraud  in  sale  of,  §  381a. 

MINE,  larceny  from,  §  487. 

Stealing  of  amalgam,  gold  dust  or  quicksilver,  grand 
larceny,  p.  631,  Stats. 

MINISTERIAL  OFFICER,  crimes  by  and  against,  §  77. 

MINOR:   See  Infant. 

MISCARRIAGE:   See  Abortion. 

MISCHIEF:    See  Malicious  Mischief. 

MISDEMEANOR,    abusing    horso     hired    at    livery-stal)lc,    S 
537%. 
Act  injuring  works,  of,  §  622. 


MISDEMEANOR. 

Adulterated  food,  sale  of,  §  382. 

Adulteration  of  candy,  §  402%.  .    , 

Adulteration  of   food,   §§   380,   382. 

Adulteration   of  foods  and  drugs,  p.   557,   Stats. 

Adulterated  honey,  sale  of,  p.  551,  Stats. 

Adultery,   §    269a;   p.   560,   Stats. 

Advertisement,  injuring,  §  616. 

Advertisements,  notices,  or  proclamations,  destroying, 
§  616. 

Advertisement,  placing  on  property  without  consent,  § 
602. 

Advertisement,  posting  on   state  property,   §   602. 

Advertisement,  posting  without  license  of  owner,  §  602. 

Agent,  false  statement  by  to  principal,  §  536. 

Agent  of  foreign  insurance  company  that  has  not  com- 
plied with  law,  soliciting  insurance,  §  439. 

Aiding  in,  §  659. 

Animals,  abusing  or  failure  to  provide  for,  §  597. 

Animals  aftiictcd  with  glanders,  failure  to  kill,  §  40214. 

Animals  afflicted  with  glanders  or  farcy,  or  infectious 
diseases,  bringing  into  state,  §  402. 

Apimal  with  infectious  or  contagious  disease,  expos- 
ing, p,  571,  Stats. 

Animals  afflicted  with  glanders  or  farcy,  sale  of,  §  402. 

Animals,  carrying  in  cruel  manner,  §  597a. 

Animals,  certificate  of  registration,  obtaining  by  fraud, 
§    537a. 

Animal  dead,  putting  in  stream,  highway,  etc.,  §  374. 

Animals,  diseased,  failure  to  keep  from  other  animals, 
§  402d. 

Animals,  docking  tail  of  horse,  §  599d. 

Animals,  fighting,  causing,  permitting  or  witnessing,  §. 
597b,  597c, 

Animals,  giving  false  pedigree,  §  537a. 

Animals  having  glanders  or  farcy,  failure  to  kill,  §  402b. 

Animals,  impounding,  failure  to  feed,  §  597e. 

Animals,  killing,  maiming  or  torturing,  §  402. 

Animal  left  within  inclosure,  neglecting,  §  597f. 

Animals,  letting  certain  male  animals  run  at  large,  '■ 
597g. 

Animals,  letting  stallion  or  jack  to  mare  or  jenny  in 
city,  §  597g. 

Animal,  malicious  injury,  killing  or  maiming,  §  597. 

Animals,  obtaining  false  registration  of,  §  537%. 

Animals,   torturing,  maiming,  or  killing,   §   597. 

Animal,  unfit,  failure  to  kill  on  notice,  §  599e. 


MISDEMEANOR.  873 

Appointment  to  office,  buying,  §  73. 
Appraiser  accepting  fee  not  allowed,  §  6531/^. 
Apprentice,  aiding  to  run  away  or  harboring,  §  646. 
Apprentice,  requiring  to  work  more  than  eight  hours  a 

day,  §  651. 
Apprenticeship,  unlawful,  a  misdemeanor,  §  272. 
Arraignment,  defendant  may  appear  by  counsel,  §  977. 
Arrest  when  only  can  be  made  at  night,  §  840. 
Arrest  without  lawful  authority,  §  146. 
Artesian  well,  waste  of  waters  of,  p.  517,  Stats. 
Assault,   §   241. 

Assault  by  public  officer,  §  149. 
Assault,  possession  of  deadly  weapon  with  intent   to, 

467. 
Assessor,  obstructing,  §  429. 
Attorney,    advertising   or   holding   one's   self   out   as,    § 

161a. 
Attorney  buying  suits  or  demands,    §  161. 
Attorney   defending   prosecution,   instituted   by   himself 

or  partner,   §§   162,   163.. 
Attorney,  misconduct  of,  §  160. 
Auctioneer,  acting  unlawfully  as,  §  436. 
Auctions,  mock,  §  535. 

Automobile,  temporarily  taking  without  consent,  §  499h. 
Badge   of  secret  society,  wearing,  §  543%. 
Ballast,  obstructing  navigation  by  overthrowing,  §   613. 
Ballast,   throwing  overboard,   §   613. 
Ballot,  false,  printing  or  circulating  false,  §  62. 
Barber,  keeping  open  shop  or  working  as,  on  Sunday  or 

holiday,  §  SlOVa- 
Barratry,  common,  §  158. 
Battery,  §  243. 
Beacon,  removal  of,  §   609. 
Beacon,  mooring  vessel  to,  §  614. 
Betting  on  elections,  §  60. 

Bicycle   temporarily  taking  without  conseut,   §   i99b. 
Big  Tree  Grove,  injury  to,  p.  611,  Stats. 
Bill  of  lading  or  invoice,  destroying,  §  35.1. 
Bill  posting  on  public  property  or  property  of  another, 

§  602. 
Birds,  killing  or  injuring  in  cemetery,  §  598. 
Birds'  nests  or  eggs,  injuring  in  cemetery,   §  598. 
Blackmailing,   §  257. 

Blue  cranes,  capture  or  destruction  of,  p.  608,  Stats. 
Boarding-house  or  innkeeper,  defrauding,  §  537. 


MISDEMEANOR. 

Board  of  health,  failure  to  obey  regulations  to  prevent 

pollution  of  ice,  §  377c. 
Board  of  health,  failure  to  obey  rules  of,  §§  377a,  377b. 
Brake  or  fender,  failure  of  carrier  to  use,  §  369a. 
Brand,  alteration  of,  §  357^. 
Bridge,  injuring  or  destroying,  §  607. 
Bridge,  maintaining  without  authority,  §  386. 
Bridges,  dams,  etc.,  injuries  to,  §  607. 
Buoy,  mooring  vessel  to,  §  614. 
Buoys  or  beacons,  injury  to,  p.  573,  Stats. 
Buoy,  removal  of,  §  609. 
Bristle  or  tack  bur,  use  of,  p.  569,  Stats. 
Burglarious  instrument,  possession  of,  §  466. 
Burial,  neglect  of,  §  293. 

Butter,  process  or  renovated,  sale  without  label,  §  383a. 
Butter,  sale  of  short-weight  rolls  of,  p.  574,  Stats. 
Butter   and   cheese,   deception   in   manufacture   and   sale 

of,  p.  574,  Stats. 
Camp-meeting,  sale  of  liquor  at,  §§  304,  305. 
Canal,  injury  to,  §§  592,  607. 

Canal,  taking  water  from  or  obstructing,  §  592. 
Candidate  offering  to  procure  ofl&ce  for  elector,  §  55. 
Candidate,  soliciting  vote   of,   §  55a. 
Candy,  adulteration  of,  §  402a. 
Candy,  adulterated,  keeping  or  selling,  §  402a. 
Carcass,  attempting  to  destroy  by  fire,  §  374, 
Caricature,  publishing,  §  258. 
Carrier,  pledge  or  sale  of  property  by,  §  581. 
Carrier  refusing  to  receive  passenger,  §  365. 
Carrier,    violation    or    law    governing    transportation    of 

fish,  §  632a. 
Carrying  of  game,  a  misdemeanor,  when,  §  627a. 
Cartoon,  publishing,  §  258. 

Certificate,  false,  issuing  by  public  officer,  §§  167,  649. 
Cemetery,  injuring  shrubbery,  fences,  etc.,  §  296. 
Cemetery,  monument  or  tomb,  defacing,  §  296. 
Champerty,   §   161. 
Child,  cruelty  to,  §  273a. 

Child,  disposing  of  for  mendicant  purposes,  §§  272,  273. 
Child,  endangering  life,  limb  or  health,  §  273a. 
Child,  exhibiting,  employing  and  hiring  out,  •§§  272,  273. 
Child,  letting  or  hiring  for  public  exhibition,  §  272;   p. 

614,  Stats. 
Child,  letting  or  selling  for  immoral  purposes,  §  272;  p. 

614,  Stats. 
Child,  omitting  to  provide  for,  |  270. 


MISDEMEANOR.  875 

Child,  permitting  use  of  for  mendicancy,  §  272;  p.  614, 

Stats. 
Child,  sending  to  house  of  prostitution,  §  273e. 
Child,  sending  to  immoral  place,  §  273e. 
Child,  under  eighteen,  sending  to  house  of  prostitution, 

or   other   immoral   place,    §    273. 
Child  under  sixteen,  permitting  to   enter  saloon,  §  273; 

p.  617,  Stats. 
Chinese,  employment  of  by  corporation,  §§  178,  179. 
Chinese,  importation  of,  §  174. 
Chinese  women,  importing  for  immoral  purposes,  p.  653, 

Stats. 
Coal  tar,  etc,  discharging  into  waters,  §  374%. 
Compounding  crime,  §  153. 
Compromise,  by  permission  of  court,  proceedings  for,  § 

1378. 
Compromise,  court  may  permit,  when,  §  1378. 
Compromise    of,   power   of   injured   person    to   make,    §§ 

1377,  1379. 
Conspiracy,   §    182. 
Convict,  foreign,  importing,  §  173. 
Convict-made    goods,    sale   of,    §    679a. 
Convict,  unauthorized   communication  with,   §   171. 
Corporation  refusing  inspection  of  books,  §  565. 
Corporation,  unauthorized  use  of  prospectus  or  circular 

of,  §  559. 
County  treasurer  receiving  private  deposits,  §  180. 
Cranes,  injuring  or  destroying  birds  or  nests,  §  599. 
Crime,  is  a,  §   16. 
Crime    punishable   by   imprisonment   in   state    prison   or 

county  jail  and  fine,  §  17. 
Crops,  injuries  to,  §  604. 

Cubic-air  law,  violating,  §  401a;  p.  632,  Stats. 
Cutting  hair  of  prisoner,  p.  719,  Stats. 
Dairy  products,  false  tests  in,  §  381a. 
Dam,  injuring  or  destroying,  §  607. 
Dead  body,  arrest  or  attachirient  of,  §  295. 
Deadly  weapon,  exhibiting  in  rude,  etc.,  manner,  §  4 1 
Debtor  fraudulently  concealing  jiroperty,  §§  154,  155. 
Decency,  offenses  against,  §  650%. 

Decision    of    arbitrator,    referee,    etc.,    attempt   to    influ- 
ence, §  95. 
Decision,  offer  to   give,   §  96. 

Deer,  destruction  of  on  Mt.  Diablo,  p.  608,  Stats. 
Defined,  §  17. 


MISDEMEANOR. 

Deformity,  exhibiting,  §  400. 

Deformity,  giving  appearance  of,  §  400. 

Delay    in    taking   arrested    person    before    magistrate,    § 

145. 
Detainer,   unlawful,   §   418. 

Directors  of  corporations,  what  acts  of  are,  §  560. 
Disguise  or  mask,  wearing,  §  185. 
Dismissal  not  a  bar  in,  §  1387. 
Disorderly  conduct,  §  415. 
Disorderly   house,  keeping,  §   316. 
Disturbing  public  meetings,  §§  58,  59,  403. 
Disturbing  religious  meeting,  §  302. 
Divorce,  advertising  procuring  of,  §  159a. 
Dockage,  toll  or  wharfage,  collecting  illegally,  §  642. 
Druggist,  negligence,  fraud,  or  wrongs  of,  §  380. 
Drugs   or   poisons,   giving   to   animals,   p.   569,   otats. 
Drunkard,  selling  liquors  to,  §  397. 

Duel,  fighting,  or  sending  or  accepting  challenge,   §  227. 
Duel,  officer  not  exerting  himself  to  prevent,  §  230. 
Duel,  posting  or  publishing  for  not  fighting,  §  229. 
Eight-hour  law,  violation  of,  §  653c. 
Ejectment,  retaking  possession  after,  §  419. 
Election  days,  selling  or  giving  away  liquor  on,  §  63b. 
Election  laws,  aiding  or  abetting  offenses  against,  §  52. 
Election   laws,   attempt   to   vote   more   than   once,   §   46. 
Election   laws,   ballqr,   tampering  with   by   oflScer,   §   49. 
Election   laws,   communicating   unlawful   offer   to    voter, 

§  56. 
Election   laws,   false  registration,   §   42. 
Election   laws,  fraudulent   acts   of   officers,    §   41. 
Election  laws,  fraudulent  attempt  to  vote,  §  46. 
Election    laws,    furnishing    money,    property    or    enter- 
tainment for  elections,  §  54. 
Election    laws,    printing    or    circulating    illegal    ticket, 

§  62. 
Election  laws,  refusal  to  act  by  officers,  §  41. 
Election  laws,  refusal  to   be  sworn  or  answer   to  board 

of  judges,   §  43. 
Election    laws,    refusal    to    obey    summons    of   board    of 

registration,  §  44. 
Election  laws,  violation  of  by  person,  §  61. 
Election  officer,  acting     as  by  one  who   cannot  read  or 

write,   §   49a. 
Election  officer,  refusing  to  act  as,  §  49a. 
Elections,     circulating    or    printing    circulars    injurious 

to  candidate,  §§  62a,  62b. 


MISDEMEANOR.  S77 

Electrical  lines  or  apparatus,  interference  with,*  §  593. 

Electricity,   stealing   of,   §   499a. 

Electric  line  and  apparatus,  injury  to,  §  593. 

Electric    meter,    interfering    with,    §    599a. 

Employee,   paying  in   saloon,    §   680. 

Employee,    refusing    to    give    name    to    tax    collector,    § 

434. 
Employees  of  railroad,  violation   of  duty  by,   §   393. 
Employment    agent,    when    guilty   of,    p.    592,   Stats. 
Engineer,    crossing    liighway    without    ringing    bell     or 

sounding  whistle,   §  390. 
Escape,  carrying  things  into   prison   to   aid  in,   §   110. 
Escape  from  other  than  state  prison,  attempt  to,  §   1(^7. 
Evidence,   concealing   or   destroying,    §    135. 
Explosives,   failure   to   keep   record   of   sales   of,   §   375a.. 
Explosive,  keeping  or  carrying  in  city,  §  375. 
Explosives,  using  in  fishing,  §  635. 
Extortion,    §   521. 

Extortion,   attempt   by   verbal   threats,    §   524. 
Extortion  by   officer,  "§§   70,   94. 
False  imprisonment,  §  237. 
False  personation,  §§  529,  530,  650^2- 
False  pretenses,   §  532. 

False  proofs  upon  insurance  policy,  §  549. 
False  statements  as  to  quality  of  goods,  §  654a. 
False  statement  to   principal,   §  536. 
False  weights  and  measures,  using,   §   552. 
Fast  driving,  §  396. 
Females,  procuring  or  permitting  exliibition  of  females 

in  public  places,  §  306. 
Fences,   maliciously  injuring,   §   602. 
Fences,   tearing   down   to   make   passage   through   inclos- 

urcs,  p.   598,  Stats. 
Ferry,  maintaining  without  authority,  §  386. 
Ferry,    violating    condition    of    undertaking    to    keep,    § 

387. 
Fines,  failure  of  oflicer  to  turn  over,  §  427. 
Fire   alarm   apparatus,   interference    with,    §   625a. 
Fire,  false  alarm  of,  turning  iu,  §  625a. 
Fire,   camper   leaving  burning,   §    384b. 
Fire,   negligently   settin;?  on   ],T0[)erty    not   one's  own,   § 

384. 
Fire,   negligently   setting   without   i)rovidiiig   against   es- 
cape, §  384a. 


rs  MISDEMEANOR. 

Fire,    negligently    setting    woods,    grasses,    etc.,    on,    §§ 

384,  3S4b;   pp.  600.  601,  Stats. 
Fire,  obstructing  attempts  to   extinguish,  §   385. 
Fish,    transportation,    rules    governing    and    penalty    for 

violating,  §  63?,a. 
Fishway,  failure  to  keep  or  repair,  §  637. 
Food,  adulterated  or  tainted,  selling  or  keeping,   §   383. 
Foreign  insurance  company  doing  business  without  com- 

pl_ying   with   law,    §    439. 
Fraud,  affecting  market  price,  §  395. 
Fraud,   by   debtor   to    defraud   creditor,    §    531. 
Fraud  in  affairs  of  special  partnership,  §  358. 
*  Fraud  in  keeping  accounts  of  corporation  or  joint  stock 

company,   §  563. 
Fraud  in  subscriptions  to  stock,  §  557. 
Fraudulent  conveyance,  §§  154,  531. 
Fraudulent  conveyance  by  debtor,   §§   154,   155. 
Gambling,  permitting  in  houses  owned  or  rented,  §  331. 
Game,    carrying   by    carrier,    when    is,    §    627a. 
Game  laws,  violation  of,  §§  626.  626c,  626d,  626f,  626g, 

626i,  626k,  627a,  627b,  628,  628a,  628b,  628e,  631, 

632,  632a,  637a. 
Game,    violating    regulations    concerning    transportation 

of,  §  627b. 
Gaming,  §  330. 

Gaming-house,  enticing  one  to  visit,   §  318. 
Gaming,   officer   neglecting   duty   in   regard    to,    §    335. 
Gaming,  witness  not  attending  trial,   §   333. 
Gas  meter,  interfering  with,  §  498. 
Gas-pipes,  injuring,  §  624. 
Gas,  stealing,  §  498. 

Gas,  turning  off  at  meter,  p.   610,  Stats. 
Gates,  maliciously  leaving  open,  §   602. 
Grand   Army,   wearing  badge  of,  p.   611,   Stats. 
Grand  juror  acting  after  challenge  allowed,  §  164, 
Grand  juror  disclosing  what  took  place,   §   169. 
Guide-board,   injury   to,   §   590. 
Gulls,  shooting,  trapping  or  injuring,   §   599. 
Habeas    corpus,    concealing    persons    entitled    to    benefit 

of,   §  364. 
Habeas    corpus,    recommitment    of    party    discharged,    § 

363. 
Habeas  corpus,  refusal  to  issue  or  obey,  §  362. 
Hair,  cutting  of,  of  person  convicted,  §   1615. 
Health  law,  neglecting  duty  under,  §  378. 


Health  laws,  violation  of,  §  377. 
Health   laws,   willful   violation   of,   §   377. 
Highways,  putting  carcasses  or  offal  in,  §   374. 
Homing  pigeon,  shooting,  maiming  or  detaining,  §  598a. 
Honey,  adulteration  of,  p.  559,  Stats. 
Humboldt  Bay,  making  deposits  in,   §   612. 
Hunting  on  inclosed  property  without  permission,  §  602. 
Hunting  on  inclosed  land,   §  602;   p.  599,  Stats. 
Im7aigration  laws,  violation  of,  §  174. 
Imf  rovements,  injuring,   §   622. 
Inclosures,   leaving  open,  pp.  598,  599,  Stats. 
Indecent    exposure,    §    311. 

Indians,   selling   arms   or   ammunition   to,    §   398. 
Indians,  selling  firearms   to,    §   398. 
Indians,  selling  liquors  to,  §  397. 
Indictment,  disclosing  fact  of  finding  of,  §  168. 
Infant,   admitting   to'  or  keeping  in   houses  of  prostitu- 
tion, §  309. 
Infant,    permitting   to    gamble    in    saloon,    §    336. 
Infant,  sending  to  questionable  resort,  §  1389. 
Infant,   under    eighteen,   giving   or   selling   liquor    to,    § 

397b. 
Infant    under    eighteen    permitting    to    visit    saloon,    § 

397b. 
Infected   person,   exposing,    §   394. 
Innkeeper,  refusing  to  receive  guest,  §  365. 
Insane  persons,  cruelty  to,  §  361. 
Insolvent    bank,    officer    or    employee    of    overdrawing, 

§  561. 
Insolvent   bank,   officer   of   overdrawing,    §   562. 
Interments,  unlawful,  §  297. 
Intoxicating  liquors,  sale   in  capitol  building,   §    172;    p. 

623,  Stats. 
Intoxicating  liquors,  selling  to   minors,  §   397b;    pp.   619, 

620,  Stats. 
Intoxicating  liquor,    sale   of   on   election   day,    §    63b;    p. 

622,  Stats. 
Intoxicating  liquor,  sale  of   to   persons  addicted   to   use 

of,  p.  621,  Stats. 
Intoxicating    liquors,    sale    of    in    vicinity    of    soldiers' 

home,  §   172;  p.  622,  Stats. 
Intoxicating  liquors,  sale  of  within  certain  distances  of 

certain   public  institutions,   §    172. 
Intoxication  of  certain  railroad  employees,  §  391. 
Issuing  or  circulating  paper  money,  first  offense,  §  618. 


MISDEMEANOR. 

Japanese,  importation  of,  §  174. 

Japanese  women,  importation  of  for  immoral  purposes, 
p.  653,  Stats. 

Joint  defendants,  joint  or  separate  trials,  §  1098. 

Joint  stock  company,  unauthorized  use  of  prospectus 
or  circular,  §  .559. 

Judge  receiving  emolument   or  reward,   §   94. 

Judgment,  justice  or  constable  purchasing,  §  97. 

Junk,  receiving  in  pledge  from  minors,  §  501. 

Jurors,  number  of,  to  try,  §  1042. 

Jury,  number  of,  on  trial  for,  §  1J42. 

Justice  s  court,  jurisdiction  of,  over,  §  1425. 

Killing  animal  while  hunting  on  inclosed  land  of  an- 
other, §  384c. 

Labels,  false,   on  goods,   §   349a;   p.   633,   Stats. 

Labor  union,  coercing  person  not  to  join,  §  679. 

Landmarks,  defacing,  removing,  etc.,   §  605. 

Larceny,   petit,   §   490. 

Legislature,   disturbing   while   in   session,   §    82. 

Legislature,   refusal   of  witness   to   attend   before,   §   87. 

Letter,   opening   or   publishing,   §   618. 

Libel,  §  249. 

Libel,  extortion  by  offer  to  prevent  publication,   §   257. 

Libel,  threaten  to  publish,  §  257. 

Library,  destroying  books,    maps,  etc.,  §  623. 

Library,    detaining    books,    etc.,    §    623^. 

License,  carrying  on  business  without,  §§  338,  379,  435. 

License,  collecting  without  receipt,   §    431. 

License,  inserting  more  than  one  name  in  receipt,  § 
431. 

Limitation   of   time   to   file   indictment,    §   801. 

Livery-stable,    abusing    horse    hired    at,    §    537b. 

Livery-stable,  injuring  animal  or  vehicle  obtained  at,  § 
537b. 

Livery-stable  keeper,   breach   of   agreement   with,   537b. 

Livery-stable   keeper    defrauding,    §    537b. 

Livery-stable  keeper,   defrauding  owner  of,   §  537b. 

Lodging-house  keeper,  violation  of  cubic  air  law,  §  401a. 

Lottery,    advertising    or   opening   offices    for,    §    323. 

Lottery,  aiding  in,   §   322. 

Lottery  drawing,  §   320. 

Lottery,   insuring   tickets,   §   324. 

Lottery,  letting  building  or  vessel  for  purposes  of, 
§  326. 


MISDEMEANOR.  S81 

Lottery,  maintaining,  §  323. 

Lottery  tickets,  selling,  §  321. 

Maintenance,  §   161. 

Malicious   injury   to   bridge,   highways,   or  ways,   §   558. 

Malicious  mischief,   §  594. 

Marks  upon  logs,  lumber  or  wood,  defacing,  §  356. 

Marriage,  false  return  or  record  of  return,  §  360. 

Marriage,   incestuous   or   forbidden,   solemnizing,   §    359. 

Marrying  spouse  of  another,   §  284. 

Mile-stone,  injury  to,  §  590. 

Military  company,  forming  without  license,  §  734. 

Military  property,  unlawful  conversion  of,  §  442. 

Militia,  disobedience  or  insubordination  by  member,  ^§ 

652,  653. 
Militia,   failure   to   attend  parade  or  drill,    §§   652,   653. 
Minors,  requiring  to  work  more  than  eight  hours  a  day, 

§  651. 
Misconduct  of  jurors,  referees,  etc.,   §  96. 
Misrepresentations  of  conditions  of  employment,  p.  635, 

Stats. 
Mocking-birds,  capture  or  destruction  of  birds  or  their 

nests,   p.   609,   Stats. 
Monuments,  injuring,  §  622. 
Morals,   offenses   against,    §   6501^. 
Mt.  Diablo,  destruction  of  deer  on,  p.  608,  Stats. 
Motorcycle,  temporarily  taking  without  consent,  §  499b. 
Name   of   another,   usiug  so   as   to   injure   reputation,    § 

650  Va. 
Name  of  another,  use   of  for  lewd  purposes,  §  650^/^. 
National    Guard,    discrimination    against    member   of,    § 

421. 
Navigable  streams,  obstructing,  §  611. 
Navigation,  obstruction  to,  §  613. 
Newspaper,   misrepresenting   circulation,   §   538a. 
Night,  arrest  may  not  be  made  at,  §  840. 
Notice,  placing  on  property  without  consent,  §  602. 
Notice  prohibiting  shooting,  tearing  down,  §  602. 
Nuisance,  committing  or  maintaining,   §   372. 
Nuisance,    public,    maintaining    or    permitting    after    no- 
tice, §  373a. 
Nuisance,    public,   separate    offense    for    each    day    it    is 

permitted  to  remain  after  notice,  §  373a. 
Obscene  books,  yjapers,  pictures,  etc.,  §  311. 
Offense,  when  a  felony  and  when  a   misdiMueanor,   §   17. 
Pen.  Code— 56 


MISDEMEANOR. 

Office,  exercising  functions  of  wrongfully,   §  75. 

Officer  becoming  interested  in  contract,  §  71. 

Officer  becoming  intoxicated,  p.  635,  Stats. 

Officer  not  taking  oath  or  giving  bond,   §  65. 

Officer,  obstruf'ting  in  collecting  revenue,   §   428. 

Officer,  receiving  fee  in  extradition  proceedings,   §   14-1. 

Officer  refusing  to  receive  or  arrest  person  charged 
with  crime,  §  142. 

Officer,  retaking  goods  from  custody  of,   §   102. 

Officer,  taking  reward  for  appointment  of  deputy,  §  74. 

Officer  taking  reward  for  deputation  of  authority,  §  74. 

Officer,  willful  omissions  where  no  punishment  provided, 
§    176. 

Oleomargarine,  sale  of  as  butter,  p.  636,  Stats. 

Olive   oil,   selling,   p.   638,   Stats. 

One  aiding  in,  guilty  of   misdemeanor,   §   659. 

Opera,  unpublished  or  uneopyrighted,  performing  with- 
out consent,  §   367a. 

Opera,  unpublished  or  uneopyrighted,  sale  of  without 
consent,  §  367a. 

Opium  resort,  visiting,  §  307. 

Opium,  sale  of,  §  307. 

Orphan,  representing  child  to  be  to  manager  of  orphan 
asylum,   §   271a. 

Oysters,  trespassing  upon  property  where  planted,  §  602. 

Parent,  abandonment  of  child  by,  §  271a. 

Parent,  failing  to  provide  for  child,  §  270. 

Passage,  tickets  for  foreign  country,  refusal  to  sell, 
p.  591,  Stats. 

Pawnbroker  charging  unlawful  interest,  §  340. 

Pawnbroker,  failure  to  keep  register,  §  339. 

Pawnbroker  refusing  inspection  of  register  or  articles, 
§   343. 

Pawnbroker  refusing  to  pay  over  proceeds  or  disclose 
particulars  of  sale,  §  342. 

Pawnbroker,  sale  without  notice  or  before  time  of  re- 
demption   expired,    §    341. 

Peace,    disturbing,    §    415. 

Periodical  misrepresenting  circulation,  §  538a. 

Person,  injuries  to,   §   650'^4. 

Physician,   injuries  while   intoxicated,    §    346. 

Physician,  intoxicated,  guilty  of,  when,  §  346. 

Plants,  injuring,  §  622. 

Poisonous  substances,  sale  of  in  violation  of  statute, 
§  347a;  p.  641,  Stats. 


MISDEMEANOR.  88:5 

Presence  of  defendant   at   trial,   necessity  of,   §   1043. 

Presence  of  defendant  not  necessary  at  judgment,  § 
1193. 

Presence  of  defendant  when  verdict  rendered  not  nec- 
essary, §   1148. 

Prisoner,  communicating  with,  §  171. 

Prisoner,  letter,  writing  or  reading  matter,  taking  to 
or  from,    §    171. 

Prize   fight,    spectators   at,   guilty   of,    §    413. 

Procedure  where  jury  discharged  for  want  of  jurisdic- 
tion,  §§    111.5,   1116. 

Property,  injuries  to,  §  650%. 

Prostitution,  enticing  one  to  enter  house  of,  §  318. 

Prostitution,  keeping  or  living  in  house  of,  §   315. 

Prostitution,  letting  or  keeping  house  for,  §  316. 

Public  administrator,  neglect  or  violation  of  duty  by, 
§  143. 

Public  lands,  obstructing  passage  through  or  over,  § 
420. 

Public  lands,  preventing  entry  and  settlement,  §  420. 

Punishment,  in  general,  §   12. 

Puuishment,  limits  on,  §  13. 

Punishment    when   no    penalty   prescribed,    §    177. 

Punishment  when  not  otherwise  provided,  §  19. 

Quarantine  laws,  violation  of,  §  376. 

Quarantine  officer,  failure  to  obey  regulations  of,  §  377a. 

Eaeing  on   highway,   §   396. 

Eaft,   burning  or  injuring,   §    608. 

Eailroad,  crossing  at  private  passway  and  leaving  open, 
§  369d. 

Railroad  employee  becoming  intoxicated,  §§  369f,  391. 

Railroad  employees,  violation  of  duty  by,  §  393. 

Railroad,  officer  of  contracting  debts  in  excess  of  means, 
§§   566,   567. 

Railroad,   overcharges  by  officers  of,   §   525. 

Railroad  neglecting  to  unload  livestock  for  rest,  water 
and  food,  §  309b. 

Railroad,  placing  passenger  car  in  front  of  freight  car, 
§   392. 

Railroad    property   or   bridges,    injury    to,   §    587. 

Railroad,  riding  or  driving  vehicle  along  track  or  over 
right  of  way,  §  3r)9g. 

Railroad    ticket,    counterfeiting,    §    481. 

Railroad   ticket,  restoring  canceled,   §   482. 

29 


MISDEMEANOR. 

Railroad  track,  leacliag,  driving  or  permitting  animals 
to  remain  along,  §  369e. 

Receiving   stolen   goods,   §   496. 

Records,  destroying,  stealing,  altering,  mutilating,  etc., 
§   114. 

Re-entry  after  removal  by  process,  §  419. 

Referee,   etc.,   attempt    to   influence,    §    9.5. 

Reformatory,  evil-minded  person  or  vagrant,  etc.,  com- 
municating with  inmate,  §  171c. 

Refusal  of  persons  assembled  to  disturb  peace  to  dis- 
perse, §  416. 

Refusing  to   receive  person   charged  with   crime,   §   142. 

Religious  meeting,  disturbance  of,  §  302. 

Rescue  of  prisoner,  §  101. 

Resisting  officers,  §§  69,  148. 

Revenue,  obstructing  collection  a  misdemeanor,  §  428. 

Revenue,  officer  connected  with,  refusing  inspection  of 
books,    §   440. 

Riot,  §  405. 

Riot,  officer  or  magistrate  neglecting  or  refusing  to 
disperse,  §  410. 

Riot,  remaining  at  after  order  to   disperse,   §  409. 

Road,  maintaining  without  authority,   §   386. 

Rout,   participation   in,    §    408. 

Sale  of  adulterated  or  debased  quicksilver,   §  367. 

Sale  of  liquor  within  mile  of  insane  asylum  of  Napa 
a  misdemeanor,   §   172. 

Sales,  putting  in  extraneous  substance  to  increase 
weight,   §   381. 

San  Francisco  Harbor,  violating  police  regulations  of, 
§  642. 

Savings  bank,  overdrawing  account  by  officer  or  em- 
ployee, §  561. 

Scaffolding  and  appliances,  obstructing  inspection  of, 
§  402c. 

Scaffolding  and  appliances,  removal  of  notice  that  un- 
safe,  §  402c. 

Scaffolding  and   appliances,  unsafe,   erection  of,   §  402c. 

Sea-gulls  near  Santa  Monica,  killing  of,  p.  609,  Stats. 

Seamen,  enticing  to   desert,  §  644. 

Seamen,  harboring  deserting,  §  645. 

Search    warrant,    maliciously    procuring,    §    170. 

Secret  society,  wearing  badge  of  without  right,  §  53Sb 

Seduction  for  purpose  of  prostitution,   §   266. 

Seduction  under  promise  of  marriage,  §  268. 


MISDEMEANOR.  SSb 

Seizing    property    without    authority    a    misdemeanor,    § 

146. 
Shade  trees,  injuring,  §  622. 
State  arms,  equipments,  etc.,  disposing,  §  443. 
State    arms,    equipments,    etc.,    having    possession    of,    i 

442. 
State  printer,  fraud  or  collusion  by,  §§  99,  100. 
Stenographer  paying  part  of  fees  to  judge,  §  94. 
•  Stono-cutting  by  convict,  §  1588. 
Subterranean  waters,  waste  of,  p.  571,  Stats. 
Sunday,  baking  on,  p.  722,  Stats. 
Sunday,  refusing  employee   one   day's  rest  in  seven,-  p. 

722,  Stats. 
Tax,  collecting  without  receipt,   §   431. 
Taxes,  false  statement  respecting,  §  430. 
Tax  receipt,  inserting  more  than  one  name  in,  §  431. 
Teacher,  abuse  of,  §§  653b,  654. 
Teacher,  abusing  in  presence  of  pupil  a  misdemeanor 

653b. 
Telegraph  line,  malicious  injury  to,  §  591. 
Telegraph   message,   altering,    §   620. 
Telegraph    message,    clandestinely    learning    contents,    § 

640. 
Telegraph  message,  conspiracy  concerning,  §  474. 
Telegraph  message,  disclosing  contents,  §  619. 
Telegraph    message,    employee    using    information    of, 

639. 
Telegraph   message,   forging,   §   474. 
Telegraph   message,   opening,   §   021. 
Telegraph  message,  refusal,  neglect  or  postponement  of 

delivery,   §    638. 
Telegraph  operator,  intoxication  of,  §  391. 
Telegram,  obtaining  by  false  personation,  §  621. 
Telephone  companies,  injury  to  or  obstruction  of,  §  591. 
Telephone    message,    delay,    refusal,    or    sending    out    of 

order,  §  638. 
Theaters,  employing  women  to  sell  liquor  at,  §  303. 
Theaters,  sale  of  liquor  at,  §  303. 
Tiicatcr  tickets,  selling  at   premium,   §  526. 
Tobacco,  sale  of  to  infants  under  sixteen,  §  308. 
Toll  bridge,  fast  riding  or  driving  over,  §  388. 
Toll  gates  or  house,  injury  to,  §  589. 
Toll  gate,  ])assing  without  paying,  §  389. 
Trademark,  counterfeiting  or  forging,  §  350. 
Trademark,  destroying  or  defacing,  §  354b. 
Trademark,  refilling  casks,  etc.,  bearing,  §  354. 


SS6  MISDEMEANOR— MODEL. 

Trademark,  selling  casks,  etc.,  containing,   §  354a. 
Trademark,  selling  goods  that  have  counterfeit,  §  351. 
Transporting  game  out  of  state  without  permit,  §  627a. 
Trespass,   malicious,   §   602. 
United  States  coast  survey,  injuring  posts,  signals,  etc., 

of,  §  615. 
University  of  California,  sale  of  liquor  within  one  mile 

of,   §    172. 
Vehicle,  temporarily  taking  without  consent,  §  499b. 
Vessel,  setting  adrift,  §  608. 
Voters,  intimidation  of,   §  59. 
Voting,  illegal,  aiding  or  abetting,  §  47. 
"Ward,  requiring  to  work  more  than  eight  hours   a  day, 

§    651. 
Warrant  of  arrest,  maliciously  procuring,  §  170. 
Water,    befouling,    §    374%. 
Water,   drawing  after  works   closed,  §   625. 
Water  pipes,  injuring,   §   624. 
Water,  pollution,  §§  374,  635. 
Water,  stealing,  §  499. 

Water,  subterranean,  wasting,  p.  722,  Stats. 
Water,  taking  or  obstructing  canal,  ditch,  etc.,  §  592. 
Water  works,  injuries  to,  §  607. 
Weight,  false,  in  selling,   §  555. 

Weight,  stamping  false  on  cask,  package,  etc.,  §  554. 
Witness,  deceiving,  §  133. 
Witness,   preventing  appearance   of,   §   136. 
Wrecked  property,  defacing  marks  upon,  §  355. 
Wrecked   property,  detaining  after  salvage  paid,  §  544. 
Wrecked  property,  unlawful  taking  or  possession,  §  545. 

MISPRISION  of  treason,   §  38. 

MISREPRESENTATIONS:    See    Fraud, 

MISTAKE  as  affecting  liability  for  crime,  §  26. 
Immaterial,  what  is  in  proceedings,  §  1404. 
Immaterial  unless  prejudicial,  §   1404. 

MOB:    See  Kiot. 

MOCK  AUCTION,  holding,   §   535. 

MOCKING-BIRDS,  capture  or  destruction  of,  p.  609,     Stats. 
Nests,  injury  to,  p.  609,  Stats. 

MODEL,  injuring  in  libraries,  museums,  etc.,  §  623. 


MONDAY— MOTORCYCLE.  8S7 

MONDAY,  prisoners  to  be  discharged  on,  §  28. 

MONEY,   attorney  wrongfully  accepting,  §   160. 
Conspiracy  to  obtain  by  false  pretense,  §  182. 
Issuing  or  circulating  paper,  §  648. 
Obtaining  to  influence  legislator,  §  89. 
Obtaining  under  false  pretenses,  §  532. 
Paid   for   trial   of   escaped   convicts,  payment  of,   §    111. 
Paper,     issuing,     punishment    where     former    conviction 

charged,   §   648. 
Personal  property  includes,  §  7. 
Unlawful  use  of,  at  elections,  §  54. 

MONTEREY  COUNTY,  act  to  protect  stock-raisers  in,  con- 
tinued in  force,  §  23. 

MONTH   defined,    §   7. 

MONUMENT:    See   Cemetery,   §   296. 
Injury  to   coast  survey,  ^  615. 

MORALS.     Offenses  against  decency  or  morals,  §  650i/^. 

MORPHINE:    See   Narcotics. 

MORTGAGE,  chattel,  removing  or  disposing  of  i)roperty 
without   consent,   larceny,   §  537. 

Chattel:    See   Chattel   Mortgages. 

Fraud  in  transferring  incumbered  personalty  a  larceny, 
§   538. 

Fraudulent,  by  married  person,  §  534. 

Infant's,  on  junk,  etc.,  receiving,  how  punished,  §  501. 

Removing  improvements  from  tlie  property,  when  lar- 
ceny,   §   502. 

MOTION,  arrest  of  judgment  without,  §  1186. 
For  new  trial,  when  made,  §  1182. 
In   arrest  of  judgment  defined,   §   1185. 
In   arrest   of  judgment,   upon   what   may  be   founded,    § 

1185. 
In   arrest  of  judgment   in  justice's  court,  §   1452. 
To  set  aside  indictment  or  information,  §§  995-999. 

MOTORCYCLE,  temporarily   taking  witliout  consent,  a   mis 
dt'incanor,   §   4991). 
Temporarily    taking    without    consent,    puiiiKhmcnt    of,    § 
499b. 


SS8  MT.    DIABLO— NECESSARIES. 

MT.  DIABLO,  (leer  on,  act  to  prevent  destruction  of,  p.  608. 

MUNICIPAL    CORPORATION,    effect    of    code    on   acts    in- 
corporating, §  23. 
Injury  to  lots,  streets,  etc.,  §  602. 

MURDER:    See    Homicide. 

Proceedings  where  defendant  under  death  sentence  be- 
comes insane,  §§  1221-1224. 

Proceedings  where  female  under  sentence  of  death  is 
pregnant,  §§  1225,  1226. 

Unexecuted  judgment  of  death,  carrying  into  effect,  § 
1227. 

Unexecuted  judgment  of  death,  order  carrying  into  ef- 
fect not  appealable,  §  1227, 

MUSEUM,  injuring  public,  §  623. 

MUTILATION  of  public  records,  §§  113,  114. 

NAME,  erroneous,  indictment  by,  inserting  correct,  §  953. 
Indicated  in  wrong,  proceedings  at  arraignment,  §  989. 
Unauthorized    use    of,    in    prospectus    of    corporation,    § 

559. 
Use   of   name   of   another   so   as   to   injure  reputation,    § 

6501/2. 
Use  of  name  of  another  for  lewd  purposes,  §  650%. 

NAPA.     Sale    of   liquor    within    mile    of    insane    asylum    at 
Napa  a  misdemeanor,  §  172. 

NAPA  RIVER.     Act  to  prevent  destruction  of  fish  in  Napa 
Eiver  continued  in  force,  §   23. 

NARCOTIC,  administering,  §  222, 

Bringing  to  or  in  vicinty  of  prisons,  etc.,  §   180a. 
Opium,  sale  of,  §  307. 

NATIONAL  GUARD:  See  Militia. 

Discrimination  against  member  of,  a  misdemeanor,  §  421. 
Unlawful  conversion  of  miltary  property,   §  442. 

NAVIGABLE  V/ATER:   See  Water. 

NAVIGATION,  obstructing,  a  misdemeanor,  §  613. 
Protection  of  buoys  and  beacons,  p.  573,  Stats. 

NECESSARIES,  parent  omitting  to  provide,  §  270. 


NEGLECi— NEW    TRIAL.  889 

NEGLECT  defined,  §  7. 

NEGLIGENCE  defined,  §  7. 

Locomotive  engineer  at  railroad  crossing,  of,  §  390. 
Meaning    of   words     "neglect,"     negligence,"     "negli 

gent,"   and   "negligently,"    §    7. 
Person  in  charge  of  steam-boiler,  of,  §  368. 
Person  in  charge  of  railroad  train,  §  369. 
Person  labeling  drugs,  etc.,  §  380. 
Mischievous  animal  at  large,  §  399. 
Steam-boilers,  in  management  of,  §§  349,  368. 

NEGOTIABLE  INSTRUMENT,  forgery  of,  §  470. 

Issuing  paper  money,  punishment  where   former  convic- 
tion  charged,   §   648. 
Making  or  uttering  fictitious,  §  476. 
Making  to  circulate  as  money,  §  648. 
Possessing  or  receiving  forged,  §  475. 

NET:   See  Game  Laws. 

NEUTER,   masculine  includes,   §   7. 

NEVADA  COUNTY,  protection  of  game  in,  p.  607,  Stats. 

NEWSPAPER,  articles  to  be  signed,  §  258. 

Caricature  or  cartoon,  publishing  of:  See  Caricature. 
Circulation,  misrepresenting,  §  538a. 
Punishment  where  articles  not  signed,  §  258. 

NEW   TRIAL   See   Appeal. 

All  evidence  to  be  produced  anew,  §  1180. 
Appeal  from  order  respecting,  s  •i238. 
Appeal,  ordering  on,  §  1260. 

Application  to  be  made  before  judgment,  §   1182. 
Bill  of  exceptions:  See  Exceptions. 
Defined,  §  1179. 
Effect  of  granting,   §   1180. 

Exception  may  be  taken  to  ruling  on  motion  for,  §  1172. 
Former  verdict  cannot  be  used  on,  §  1180. 
Granted  in  what  cases,  §  1181. 
Grounds  for,  enumerated,  §   1181. 
Justice's  court,  in,  grounds  for,  §  1451. 
Jnstice's  court,  motion  for,  §  1450. 
New  evidence,  on  ground  of,  §  1181. 

Reversal  of  judgment  against  defendant  without  order- 
ing, proceedings  on,  §  1201. 


890  NEW   TRIAL— NUISANCE. 

Special  verdict  defective,  granted  in  case  of,  §  1156. 
Time  for  application  for,  §   1182. 
Where  to  be  had,  §  1261. 

NIGHT-TIME  defined,  §§  4.50,  463. 
Hunting  in  the,  §  626m. 

ISJiTEOGLYCERIN:    See   Explosive. 

NOLLE   PROSEQUI,   abolshed,   §   1386. 

NOTE:    See  Negotiable  Instrument. 

NOT  GUILTY,  plea  of,  §§   1017-1024. 
See   Plea. 

NOTICE.     Application   for   conditional  examination   of   wit- 
ness, notice  of,  §  1338. 
Bail,    notice   of   application   for   to    district   attorney,    § 

1274. 
Bail,  service  of  notice  of  application  to  reduce,  §  1289. 
Nuisance,  public,  to  abate,  §  373a. 
Of  appeal,  how  served,  §   1240. 
Of  appeal,  by  publication,  §   1241. 
Of  application  for  bail,  §  1274. 
Malicious  injury  to,  §  616. 
Pardon,  of  application  for,  §§  1421-1423. 
Placing  on  property  without  consent,   §  602. 
Posting  on  state  property,   §  602. 
Posting  without  license  from  owner,  §  602. 
Tearing  down   notice   prohibiting  shooting,   §   602. 

NUISANCE,  attempting  to  destroy  carcass  by  fire  a  misde- 
meanor, when,  §  374. 

Carcass,  putting  in  street,  stream,  etc.,  §  374. 

Committing  j^ublie,  where  no  punishment  prescribed,  a 
misdemeanor,  §  372. 

District  attorney  to  prosecute  persons  permitting  or 
maintaining,   §   373a. 

Highways,  placing  carcasses  or  offal  in,  §  374. 

Hospital  for  contagious  diseases,  keeping,  a  misde- 
meanor, §  373. 

Maintaining  public,  where  no  punishment  prescribed,  § 
372. 

Misdemeanor,  separate  offense  for  each  day  permitted  to 
remain  after  notice,  §  373a. 

Misdemeanor  to  maintain  or  permit  public  nuisance  af- 
ter notice,  §   373a. 


NUISANCE— OFFICES  AND  OFFICERS.  «91 

Nets,  seines,  etc.,   §   636a. 

Offal,   putting   in   street,   river,   etc.,   a   misdemeanor,    § 

374. 
Pesthouses,  keeping,  §  373. 

Pollution  of  stream  by  carcasses  or  offal,  §  374. 
Public,  defined,  §  370. 
Separate  offense  for  each  day  permitted  to  remain  after 

notice,  §  373a. 
Unequal  damage  by,  effect  on,  §  371. 
Waters,   pollution  of  by   drainage,   §  374. 

NUMBER,  singular  or  plural  of  words  in  code,  §  7. 

NURSE  substituting  child  for  another,  §  157. 

OATH,  de  facto  officer  not  taking,  effect  of,  §  66. 
Defined,   §   119. 
Grand  jurors,  of,  §§  903,  904. 

Grand  jury,  foreman  may  administer  to  witness,  §  918. 
Impeachment,   in,   of  senators,   §    745. 
Includes  affirmation  or  declaration,  §§  7,  119. 
Jurors,  of,  in  justice's  court,   §   1437. 
Jury,  of  officer  having  custody  of,  §  1128. 
Justice's  court,  of  officer  having  custody  of  jury,  §  1440. 
Office  of,  perjury,   §   120. 
Officer  acting  without  having  taken,   §   65. 
Testify,  includes,  §  7. 
What  includes,  §  119. 

OBSCENE  advertisements  or  notice,   §   311, 

Books,  §  311. 

Books,  etc.,  character  of,  to  be  determined  summarily, 
§    313. 

Books,  etc.,  destruction  of,  §§  313,  314. 

Books,  etc.,  magistrate  to  deliver  copy  to  district  at- 
torney,  §   313. 

Books,   etc.,   seizure  of,   §   312. 

Books,  indictment  or  information  for  selling,  etc.,  § 
968. 

Language,  §   415. 

Pictures,   §  311. 

Songs,   §  311. 

OFFENSE,  for  wliicli  no  penalty  prescribed,  §  177. 

OFFICES  AND  OFFICERS,  accounts,  falsification  of,  §  424. 
Accusation  against,  summary  proceedings,  §  772. 


OFFICES   AND   OFFICERS. 

Accusation  to  be  filed,  §  760. 

Accusation,  private  person,  time  of  hearing,  §  772. 

See   post,  under  Eemoval. 
Administrative,   code   sections   applicable  to,   §   77. 
Aiding  is  justifiable,   §   698. 

Appropriation  of  money  by,  punishment  of,  §  424. 
Arrest  without   lawful  authority  a  misdemeanor,  §   146. 
Arrested  person,  delaying  to   take  before  magistrate,   § 

145. 
Asking  or  receiving  reward,   etc.,   §   70. 
Assault  by,  under  color  of  office,  §  149. 
Bills,  presenting  fraudulent,  §  72. 
Bond,  acting  without  having  given,  §  65. 
Bond,  de  facto  officer  not  giving,  §  66. 
Books,  etc.,  mutilating  or  taking  away,  §  76. 
Books,  etc.,  refusal  to  surrender  to  successor,  §  76. 
Books,  etc.,  stealing,  punishment  of,  §  113. 
Bribery  of   executive,   §   67. 
Bribery  of  judicial,  §§  92,  93. 
Bribery    of    members    of   nominating   body,    punishment 

of,  §  57. 
Bribes,  executive  officer  asking  or  receiving,  §  68. 
Buying  appointment,  §   73. 
Candidates  for  office,  act  to  prevent  extortion  from,  p. 

589. 
Candidate,  circulating  or  printing  circulars  injurious  to, 

punishment   of,   §§  62a,   62b. 
Claims,  presenting  fraudulent,  to,  §  72. 
Coin  to  currency,  or  currency  to  coin,  changing,  §  424. 
Communicating   unlawful    offer    to    voter    in    behalf    of 

candidate,  a  misdemeanor,  §  56. 
Contracts,  illegally  interested  in,  §  71. 
De    facto,    effect    of   not    taking   oath,    or   giving   bond, 

§   66. 
Deposit  in  bank,  unlawful,  §  424. 

Disclosure    of    fact    that    indictment    found,    a    misde- 
meanor, §   168. 
Disqualification  because   interested  in   contract,   §   71. 
Disqualification     for     bringing    contraband     goods    into 

prison,   §    180a. 
Disqualification   for   embezzlement,    §   514. 
Disqualification    for    taking    what    rewards,    §    74. 
Disqualified  to  hold  office  by  crime,   §  98. 
Disqualified,  forging  is,  when,  §  88. 
Documents,  forging,  stealing,  mutilating,  etc.,  §  113. 


OFFICES   AND   OFFICERS.  S93 

Dueling  disqualifies,  §  228. 

Election:   See  Elections. 

Embezzlement,  when  guilty  of,  §§  424,  504. 

Emolument  or  gratuity,  receiving,  a  misdemeanor,  §   70. 

Escape,   suffering  convicts  to,   §   108. 

Exercising  functions  wrongfully,   §   75. 

Extortion   by,    §§    70,   521. 

Extortion  by  judicial  officer,   §   94. 

Ealse  certificates  by,  issuing,   §   167. 

Falsifying  jury  lists,  §   117. 

Fees  or  salary  of  deputy,  retaining,  a  folonj',  §  74a. 

Fine  or  forfeiture,  failure  to  pay  over,  §  427. 

Forfeits  office  by  bribery,  §  98. 

Forfeiture  of  office  for  receiving  bribe,   §   G8. 

Forfeiture  of  office  for  taking  wliat  Tewards,  §  74. 

Grand  jury  to   inquire   into  books,  etc.,  of,   §§  928,  929. 

Grand  jury  to  inquire  into  conduct  of,   §  923. 

Holding  over  wrongfiilly,  §   75. 

Impeachment,   effect  of   code   on   proceedings,   §    10. 

Impeachment:   See  Impeachment. 

Inhumanity  to  prisoners,  §   147. 

Intervene,   in   what   cases   may,   §   697. 

Intoxication  of  officers,  punishment  of,  p.   634,  Stats. 

Intruding  into  office  when  not  elected,  §  75. 

Joint  authority,  majority  may  exercise,  §   7. 

Judicial,  receiving  part  of  reporter's  fees,  punishment 
of,  §  94. 

Loaning  or  making  profit  out  of  money,  §   424. 

Majority  may  act,  §   7. 

Ministerial,    code    sections    applicable    to,    §    77. 

Money  or  property,  withholding  from  successor,   §   76. 

Money,    refusal    to    pay    over    on    demand,    §§    424,    425. 

Money,  refusal  to  transfer,  §  424. 

Oath,  acting  without  having  taken,  §  65. 

Oath,   effect   of   de   facto    officer   not    taking,    §    66. 

Oath  of,  perjury,   §   120. 

Obstructing,  in  collecting  revenue,  §  428. 

Omission  of  duty,  where  no  special  provision  for  pun- 
ishment  thereof,    §    176. 

Omission  to  perform  duty  where  act  done  by  another, 
§   662. 

Peace,   are  who,   §   817. 

Peace,  defined,   §   7. 


OFFICES   AND   OFFICERS. 

Persons  aiding,   are  justified,   §   698. 

Presenting  fraudulent  bill    or  claim  to,   a   felony,   §    72. 

Public  moneys  defined,  §  426. 

"Public   money,"   what   includes,   §   426. 

Eeceiving  portion  of  wages  of  laborer  on  public  works, 
§   653d. 

Eeeords  or  documents,  destroying  or  taking  awav,  § 
76. 

Records  or  documents,  withholding  after  right  to  office 
terminated,   §   76. 

Eeeords,   forging,  stealing,   mutilating,    etc.,   §   113. 

Eefusal  or  omission  to  transfer  moneys,  §  424. 

Eemoval,  accusation,  defendant  must  appear  and  an- 
swer, §  761. 

Eemoval,  accusation,  form  of,   §   759. 

Removal,  accusation  may  be  presented  by  grand  jury, 
§   758. 

Eemoval,   accusation,   private   person   may  file,   §    772. 

Eemoval,  accusation,  private  person,  citation  to  of- 
ficer,  §   772. 

Removal,  accusation,  private  person,  judgment  on  con- 
viction, §  772. 

Removal,  answer  of  defendant  to  accusation,  §  765. 

Removal,  appeal  from  judgment,  certificate  of  probable 
cause,  §  770. 

Removal,  appeal  from  judgment,  filling  office  where  no 
certificate   filed,    §    770. 

Removal,  appeal  from  judgment  of,  priority  of  hearing, 
§   770. 

Eemoval,  appeal  from  judgment,  proceedings  where  bill 
of  exceptions  not  settled  in  time  for  certificate  of 
probable  cause,  §  770. 

Removal,  judgment  of,  effect  of  as  a  stay,  §  770. 

Removal,   right   of   appeal   from   judgment   of,    §    770. 

Removal,  appeal,  office  to  be  filled  pending,   §   770. 

Removal,  appeal,  taken  how,  §  770. 

Removal,   appeal,   defendant   suspended   pending,    §    770. 

Removal  by  impeachment,   §§   739-753. 

Removal,  defendant  may  object  or  deny  accusation, 
§  762. 

Removal,  denial  of  accusation  to  be  entered  on  min- 
utes,  §    764. 

Removal,   effect  of   code   on   proceedings,    §    75. 

Removal  for  neglect  of  dut3^  §  661. 

Removal,  form  of  objection  to  accusation,  §   763. 


OFFICKS  AND  OFFICERS.  895 

Eemoval,    information    or    indictment,    §§    889,    890. 
Eenioval,   indictment   of,  in  what  court  found,   §   890. 
Kemoval,    information    against,    in    what    court    found, 

§   890. 
Kemoval,  judgment  of  on  conviction,  §   769. 
Removal,  judgment   to   be  entered  and   causes  assigned, 

§  769. 
Eemoval,   manner  of  denial  of  accusation,   §   764. 
Eemoval  otherwise  than  by  impeachment,  §§  7n8-772. 
Removal   of  district   attorney,   proceedings   for,  §   771. 
Removal,    proceedings    may    be    commenced    by    accusa- 
tion or  information,  §  889. 
Eemoval,    proceedings   on    denial    of   matters   charged,    § 

766. 
Eemoval,  proceedings  on  plea  of  guilty,   §  766. 
Eemoval,    proceedings    on    refusal    to    answer    or    deny 

accusation,  §  766. 
Eemoval,  proceedings  when   defendant  does  not  appear, 

§  761. 
Eemoval,  service  of  accusation,  §  760. 
Eemoval,  time  to  appear  and  answer  accusation,  §  760. 
Eemoval,    transmitting   accusation   to    district   attorney, 

§   760. 
Eemoval,  trial,  how  conducted,  §  767. 
Eemoval,   trial   to  be  by  jury,   §   767. 
Eemoval,  witnesses,  attendance  of,  §  768. 
Eemoval,    witnesses,    state    and    defendant    entitled    to 

process  for,  §  768. 
Reporter,    receiving   part   of    salary    by   judicial   officer, 

§  94. 
Rescuing  prisoner  from,  §  101. 
Resisting,   §    148. 
Resisting  executive,  §  69. 
Eetaking  goods  from  custody  of,  §  102. 
Reward   for   appointment,   taking,   §   74. 
Riot,  neglecting  or  refusing  to  disperse,  a  misdemeanor, 

§   410. 
Salary  or  wages,  taking  part  of,  a  felony,  p.  634,  Stats. 
Salary   of    stenographer    or    reporter,    receiving   part    of, 

by  judicial  officer,   §  94. 
Scrip,  dealing  in,  §  71. 
Seal,  how  made,  §  7. 
Seal,  meaning  of,  §  7. 
Seizing    property    without    autliority,    a    misdemeanor, 

§  146. 


S9G  OFFICES    AND    OFFICERS— ORDER. 

Stenographer,   receiving   part   of   salary   of,   by   judicial 
officer,   §   94. 

Successor,   refusal   to   surrender  books,   etc.,   to,   §    76. 

Summary  proceedings,  judgment  in,  §  772. 

Summary  proceedings  for  removal  of,   §   772. 

Superintendent  of  printing  not  to  be  interested  in  con- 
tract, §  99. 

Suspension    of,    in    case    of    impeachment,    effect    of,    § 
750. 

Taking   reward   for   appointment,    §    74. 
,  Taxes,  obstructing  collection  of,   §  428. 

Vouchers,    bills,    claims,    etc.,    presenting    fraudulent,    § 
72. 

Willful  omission  of  duty,  where  no  punishment  provided 
therefor,  §  176. 

OLEOMARGARINE,  sale  of  as  butter  a  misdemeanor,  p.  636, 

Stats. 
Sale  of  as  butter,   acts   to   prevent,  pp.   636,   638. 
Notice    that    oleomargarine    sold    to    be    given,    p.    636, 

Stats. 

OLIVE  OIL,  sale  of,  act  regulating,  p.  640. 

Imitation  olive  oil,  sale  of,  acts  regulating,  pp.  638-640. 

OPERA:    See   Copyright. 

OPINION,  chemist's,   of  cause  of  death,   §   1.512.     . 

OPIUM:   See  Narcotic. 
Sale  of,   §   307. 
Visiting   resort   a   misdemeanor,    §   307. 

ORDER.     Appeal,  time  of  taking,  §  1239. 
Contents   of,    §    1301. 

For  bail  to  be  indorsed  on  bench  warrant,   §   982. 
For  change  of  venue,  §   1035. 
For    conditional    examination,    application,    how    made, 

§  1337. 
For  conditional  examination,  application,  to  whom  made, 

§    1338. 
For  conditional  examination,  mi;st  direct  what,   §   1340. 
For  conditional  examination,  to  contain  what,  §  1339. 
For  conditional  examination,  when  may  be  applied  for, 

§  1336. 
For  recommitment,  §  1310. 
For  resubmission  to  grand  jury,  §  998. 


ORDER— PARDON.  S97 

Of   court,   disobedience   of,    §    166. 

Setting  aside  indictment  no  bar  to  another  prosecu- 
tion, §  999. 

ORDERS,  secret,  wearing  badge  of,  a  misdemeanor,  §  5431^. 

ORDINANCES,  fines  and  forfeitures  for  violation  paid  to 
city  treasury,  §  1570. 

Fines  for  violation   of,   disposition  of,   §§   1457,   1570. 

Officers  voting  for  ordinance  permitting  gambling,  pun- 
ishment of,  §  337. 

ORNAMENTAL  PLANT,  injuring,  §  622. 

ORPHAN  ASYLUM,  custodv  of  child  may  be  committed' to 
when,  §  273d. 
Representing  child  to  be  orphan  to  manager  of,  a  misde- 
meanor, §   271a. 

OVERCHARGE    by   railroad    officer,    §    525. 

OVERT  ACT,  evidence  of,  on-  trial  for  conspiracy,  §  1104. 
Evidence  of,  on   trial  for  treason,   §   1103. 
Necessary  to  constitute   conspiracy,   §   184. 
Of  treason  out  of  state,  jurisdiction,  §  788. 

OYSTERS,  effect  of   code   on  statutes  respecting,   §   23. 
Injuring,  etc.,  §  602. 
Trespass  upon  property  where   planted,   §   602. 

PANEL:    See  Jury. 

PAPER,  mutilation  of  by  public  officer,  §  76. 
Official,  refusal  of  officers  to  surrender,  §  76. 
Preparing  false,  for  use  upon  trial,   §   134. 
Stealing  or  injuring  public,   §§   113,   114. 

PAPER  MONEY,  issuing  and  circulating,  §  648. 

Punishment,    where    former    conviction    charged,    §    648. 

PARADE,  failure  to  attend,  §§  652,  653. 

Consent  of  governor,  ncc'essity  of,  to,  §  734. 
Right   to  parade  with   arms,   §   734. 

PARDON,  governor  may  grant  in  what  cases,  §  1417. 
Governor  to  communicate  to  legislature,  §  1449, 
Impeachment,   §   1417. 

Notice  of  application  for,  dispensed  with,  §  1423. 
Pen.  Code— u7 


89S  PARDON— PARTNERSHIP. 

Notice  of  application  for,  publication   of,   §    1422. 
Notice  to  district  attorney  of  application  for,  §  1421. 
Report    by    directors    of    prisoners    entitled    to    pardon, 

§   1595. 
Report  of  case,  how  and  from  whom  required,  §  1420. 
Treason,   power   of   governor,    §§    1417,    1418. 
When  legislature  recommends  pardon,  §   1595. 

PARENT   AND    CHILD.     Abandoning   child,    §§    271,   271a. 
Abusing  teacher  in  presence  of  pupil,  §  653b. 
Child,  unlawful  use,  sale,  or  hire  of,  §  272. 
Cruelty   to    children,    §    273a. 
Deserting  child,   §   271. 

Endangering  life,  limb  or  health  of  child,  §  273a. 
Enticing    away    child,    jurisdiction,    §    784. 
Exhibiting,  employing  or  hiring  out  child,  §§  272,  S73. 
Failure  to  provide  for  child,  §§  270,  271a. 
Fines  for  offenses   to   children,   disposition  of,   §   273c. 
Homicide  in  defense  of,  justifiable,   §   197. 
Immoral  place,  sending  minor  under  eighteen  to,  §  273. 
Mendicant  purposes,  etc.,*  disposing  of  child  for,  §§  272, 

273. 
Musician,  consent  to  employment  of  child  as,  §  272. 
Musician,  employment  of  child  as,  §  272. 
Necessaries,  parent  omitting  to  provide,   §  270. 
Omitting  to  provide  for  child,  §  270. 
Orphan,  representing  child  to  be  to  manager  of  orphan 

asylum,    §   271a. 
Prostitution,  admitting  child   to  house  of,   §   309. 
Prostitution,  sending  child  under  eighteen  to  house   of, 

§    273. 
Substituting  one  child  for  another,  §  157. 
Unlawful  use,  exhibit,  sale,  or  hire  of  children,  §  272. 
See  Infants. 

PARKS,   injuring  trees,   plants   or  improvements   in,   §    622. 

PAROLE,  inducing  person  to  break,  or  to  leave  guardian,  § 
171c. 

PARTIES,  principals  and  accessories,  §§  30-33. 

Special   proceeding,   to,   how   designated,    §    1562. 
See   Defendant. 

PARTNERSHIP,  fraud  in  special,  §  358. 

Suit  carried  on  by  attorney's  partner,  attorney  cannot 
defend,  §§  162,  163. 


PASSENGER— PEACE.  S9S 

PASSENGER,  refusing  to   receive,   §   365. 
See   Carriers  of   Passengers. 

PASSES:   See  Carriers  of  Passengers;  i'orgery. 

PAWNBROKER,  interest,  limit  on  rate  of,   §§   338,  340. 

Interest,    unlawful   rate,    §§    338,    340. 

License,   without,    §   388. 

Notice,  sale  without,  §  341. 

Refusal  to  allow  officer  to  inspect  articles  pledged,  § 
343. 

Register,   entries   in,   what   required,   §   339. 

Register,  failure  to  keep,  §  339. 

Register,  refusal   to  allow  officer  to  inspect,  §   343.   ' 

Sale  before  redemption  expires,  or  without  notice,  § 
341. 

Sale  before  time  of  redemption   expired,   §  341. 

Sale,  refusal  to  pay  proceeds  over,  §  342. 

Sale,  refusing  to  disclose  particulars  of,  §  342. 

Search-warrant,  refusal  to  allow  officer  with,  to  in- 
spect register,  §  343. 

PEACE,  arrest  of  person  threatening  a  breach  of  when 
ordered,  §  703. 

Breach,   evidence   of,   §   713. 

Depositions  of  witnesses  to  be  taken,  §  702. 

Discharge  of  party  where  no  reason  to  fear  offense, 
§   705. 

Discharge  of  person  committed  for  threatened  breach 
on  giving  undertaking,  §  708. 

Disorderly  house,  keeping,  a  misdemeanor,  §  316. 

Disturbing,   g    415. 

Disturbing,  refusal  to   disperse,  §   416. 

Evidence  of  breach,  §  713. 

Evidence  to  be  reduced  to  writing  and  signed  when 
charges  controverted,   §   704. 

Information  of  threatened  offense,  §  701. 

Informer  and  witnesses,  examination  of  and  deposi- 
tions of,  §  702. 

Officer   may   intervene    to    keep   the,    §    697. 

Officers  are  who,  §  817. 

Proceedings  where  charges  controverted,  §  704. 

Public  meeting,  mayor  to  order  out  police  to  preserve, 
§  720. 

Security   for  assault  in   presence   of   court,   §   710. 

Security  to  keep,  when  only  can  be  required,  §  714, 


900  PEACE— PERJURY. 

Security  to  keep,  required  when,  §  706. 
Threatened  offenses,  information  of,  §  701. 
Undertaking    to    keep,    effect    of    giving    or    refusing,    § 

707. 
Undertaking   to   keep,   evidence   of   its  breach,   §   713. 
Undertaking  to  keep,  how  long  binding,   and  extension 

of  time,  §   706. 
Undertaking  to   keep,   filing,   §   709. 
Undertaking  to  keep,  new,  §  706. 
Undertaking   to   keep,   valid,   how   long,   §    706. 
Undertaking  to  keep,  when  and  how  prosecuted,  §§  712, 

713. 
Undertaking  to  keep,  when  broken,  §  711. 

PEACE  OFFICER  defined,  §  7. 
Duels,  to  prevent,  §  230. 
Refusing  to  receive  or  arrest  person  charged  with  crime, 

§    142. 
Warrants,  directed  to  what,  §§   816,   819. 
Who  are,  §  817. 

PEDIGREE.     Giving  false  pedigree  of  animal,  §  537a. 

PENAL  CODE:   See  Code. 

PENALTY,  jury  may  determine,  in  murder,  §   190. 

None  provided  for  offense,  punishment  in  case  of,  §§ 
176,  177. 

See  Fine. 

PENITENTIARY:    See  Prison. 

PENSIONS.  Police  relief,  health  and  life  insurance  and 
pension   fund,   p.   643,    Stats. 

PERIODICAL,   misrepresenting  circulation   of,   §   538a. 

PERJURY.  Affidavit,  making  of,  when  deemed  complete,  § 
124. 

Affidavits,  subsequent  contradictory  statements,  evi- 
dence of  falsity,  §   118a. 

Afiidavits,  what  statements  in,  are,  §  118a. 

Certificate    complete,    when,    §    124. 

Certificate,  making  of,  when  deemed  complete,  §  124. 

Conviction  procured  by,   punishable  by   death,   §   128. 

Defined,  §  118. 

Deposition   complete,   when,    §    124. 


PERJURY— PETIT   TREASON.  901 

Grand   juror  may  be  required   to   disclose   testimonv   of 

witness,   §   926. 
Grand  juror,  of,  §  927. 
How  must  be  proved,  §  1103a. 
Incompetency  of  witness  no  defense,  §  122. 
Indictment  or  information  for,  §  966. 
Indictment  or  information  for  subornation  -of,   §  966. 
Materiality  of  testimony,  knowledge  of,  not  necessary, 

§  123. 
Oath   defined,  §   119. 
Oath,  failure  of  affiant  to  go  before  officer,  no  defense, 

when,    §    121. 
Oath  includes  affirmation,  §   119. 

Oath,   irregularity  in   administering,   no   defense,   §   121 
Oath  of  office,  §   120. 
Punishment   for,    §§    126-128. 

Keturn,  statement  or  report,  false  statement  in,  §  1?' 
Statement  of  what  one  does  not  know  to  be  true,  §  12'). 
Subornation   of,    §§    127,   128. 
Subornation  of,  who  guilty  of,  §   127. 
Subornation  of,  punishment  of,  §§  127,  128. 
Testimony  of  witness  may  be  read  against  him  on  tria' 

for,  §  14. 
That   evidence   did   not   affect   proceeding  no   defense,   r 

123. 
Witness'  testimony  may   be  read  against  him  on  jjrose- 

cution    for,    §    14. 

PERSON  includes  corporation,  §  7. 

Indecent  exposure  of,  §  311. 

Injuries  to,  what  a  misdemeanor,  §  650i/^. 

PERSONAL  PROPERTY  includes  what,  §  7. 

PERSONATION:    See   False   Personation. 
False,  a  misdemeanor,  §  650i^>. 

PESTHOUSE   in    cities,  keeping,  a   misdemeanor,   §  373. 

PESTILENCE,   removal  of  prisoners  in  case  of,  §   1608. 

PETIT  TREASON  abolished,  §  191. 


902  PHARMACY— PLEA. 

PHARMACY.     Adulteration  of  drugs,  prohibition  of,  §  383; 
p.   557,  Stats. 
Sale   of   poisonous   substances,    §    374a;    statute   relating 
to,  p.  641. 

PHEASANT,  killing,  §  626c. 

See  Game  Laws. 

PHONOGRAPHIC   REPORTER:    See   Stenographer. 
Officer  receiving  part  of  salary  of,  §  94. 

PHOTOGRAPH.     Convicts,  photographs  and  descriptions  o 
to   be  given  sheriifs   and  chiefs  of  police,  p.  583, 

Stats. 

PHRASES,  construction  of,  in  general,  §  7. 

PHYSICIAN,   intoxicated,    guilty   of   misdemeanor,   when,    § 

346. 
Coroners'  inquests,  attendance  at  and  compensation  of. 

§  1512-;  p.  585,  Stats. 
Post-mortem  examination,  §  1512. 

PICTURE,  obscene,  §§  311-314. 

PIECE  CLUBS,  formation  of  prohibited,  p.  589,  Stats. 

PIGEONS:    See  Homing  Pigeons. 

PILE,    injuring,    §    607. 

PILOTING,  unlicensed,   §  379. 

PIRACY:    See    Copyright. 

PLACE  OF  TRIAL:   See  Venue. 

PLEA:    See    Pleading. 
Classes   of,   §    1016. 
Corporation,   by,   §    1396. 

Defendant  has  two  days  to  prepare  for  trial,  §  1049. 
Entered  on  minutes,  to  be,  §  1017. 

Former   acquittal   or  conviction:    See   Former  Jeopardy. 
Form  of,   §   1017. 

Guilty,  court  to  determine  degree  of  crime,  §  1192. 
Guilty,  of,  put  in  how,  §  1018. 
Guilty,  of,  withdrawing,   §   1018. 
How   put    in,    §    1017. 
Justice  court,  in,  §  1429. 


PLEA— POISON.  903 

Issue:   See  Issue. 

Kinds  of,  §   1016. 

Must  be  put  in  in  open  court,  §  1003. 

Not  guilty,  plea  of  to  be  entered  on  failure  of  corpora- 
tion to  appear,  §  1396. 

Not  guilty,  of,  evidence  that  may  be  given  under,  § 
1020. 

Not  guilty,  of,  puts  what  in  issue,  §   1019. 

Oral,  to  be,  §  1017. 

rieading,  as  a,  §  1002. 

Prior  conviction,  not  to  be  read  to  jury  or  alluded  to, 
§  1025. 

Prior  conviction,  plea  to  and  proceedings  on  answer,  § 
1025. 

Prior  ee^nviction,  refusal  to  answer  equivalent  to  denial; 
§    1025. 

Put  in,  how,  §  1017. 

Eefusal  to  answer,  plea  of  not  guilty  entered,  §  1024. 

Time  to  put  in,  §  1003. 

Withdrawing  plea  of  guilty,  §   1018. 

PLEADING:    See    Indictment;    Information;   Plea;    Answer; 
Demui'rer;    Former    Jeopardy,    etc. 
Defendant's,  is  plea  or  demurrer,  §  1002. 
Errors  in,  immaterial,  when,  §  1-404. 
Forms  of,  all  are  prescribed  by  code,  §  948. 
Impeachment,  in,  §§   743,  744. 
Issue:    See  Issue. 
Judgment,  a,  §  962. 

Officers,  in  proceedings  to  remove,  §§  762-766. 
Private  statute,  §  963. 
Eiiles  of,  are  prescribed  by  code,  §  948. 

PLEDGE:    See  Pawnbrokers. 

Candidates  making  pledge,  punishment  of,  §  55a. 
Carrier,  by,  §   581,  683. 
Of  junk,  receiving  from  infant,  §  501. 
Warehouseman,   by,   §§   581,  583. 

PLURAL,    singular    includes,   §    7. 

POISON,  administering,  §  216. 

Adininisteriug  stupefying  drugs,  §  222. 

Auinials,  j)ois()ning,  §  596. 

Animals,  act  to    prevent  giving  of,   to,  p.  569. 

Assault  with  caustics,  §  244. 

Cattle,  poisoning,  §  596. 


904  POISON— POLICE    COURT. 

Food,  poisoningj  §  347. 

Medicine,  poisoning,   §   347. 

Sale  of,  act  relating  to,  §  347a,  note. 

Sale  of,  book  of  open  to  inspection,  §  347a. 

Sale   of,   identification  of  purchaser,   §   347a. 

Sale  of,  labeling  parcel,  §  347a. 

Sale  of,  recording  sales,  §  347a. 

Sale  of,  statute  regulating  does  not  apply  to  prescrip- 
tions, §  347a. 

Sale  of,  to  whom  only  to  be  sold,  §  347a. 

Sale  of,  violation  of  statute  regulating,  §  347a. 

Sale   of   poisonous   substances,   act   regulating,   p.   §  641. 

Sale  of  poisonous  substances  in  violation  of  statute  a 
misdemeanor,  p.  641,  Stats. 

Violation  of  statute  regulating,  punishment  of,   §  347a. 

Water,  poisoning,  §  347. 

POLICE,  forming,  §  697. 

Extra  police  officers,  appointment  and  compensation  of, 

p.  650,  Stats. 
Gaming,  duty  in  regard  to,  §  335. 
Hours  of  service  of,  p.  651,  Stats. 
In  incorporated  towns,  etc.,  duty  of  person  in  charge  of, 

§  1413. 
Increase  of  police  force,  p.  650,  Stats. 
Number  of,  limit  on,  p.  650,  Stats. 
Organization    aud    regulation    of,    governed     by     special 

laws,   §   719. 
Peace  officer,  policeman  is,   §   817. 
Public  meetings,  force  to  preserve  peace  at,  §  720. 
Eailroad  and  steamship  companies,  appointment  of  police 

to   serve   on,   p.   G52,   Stats. 
Eelief,   health   and   life  insurance   and  pension   fund,   p. 

643,  Stats. 
Salaries  of  chiefs,  captains  of  police  and  police  officers 

in  cities  of  certain  sizes,  p.   649,   Stats. 
Yearly    vacations    to    be    granted    members    of,    p.    651, 

Stats. 

POLICE    COURT,    acquittal,    discharge    of    defendant    on,    § 
1454. 
Affidavits,   entitling,   §   1460. 
Appeal  to  superior  court,  §§  1466-1470. 
Arrest,  form  of  warrant,   §    1427. 
Arrest,  grounds  for,  §  1427. 
Arrest  of  judgment  in,  §   1450. 


POLICE    COURT.  a05 

Arrest   of   judgment,   time   for  motion   in,   §    1450. 

Arrest  of  judgment,  grounds  for,  §  1452. 

Arrest  of  judgment,  effect  of,  §  1452. 

Bail,  §   1458. 

Challenges  to  jurors,   §   1436. 

Complaint,  proceedings  to  commence  by,  §   1426. 

Conviction,  proceedings   on,   §   1445. 

Corporation,  summons  to,  §   1427. 

Costs,    §   1448. 

Court  cannot  charge  on  questions  of  fact,  §  1439. 

Covirt,  trial  is  by,  when,  §  1430. 

Defined,  §   1461. 

Discharge  of  defendant  on  payment  of  fine,  §  1457. 

Docket  of,  §   1428. 

Execution  of  judgment  for  imprisonment,   §   1455. 

Execution    of    judgment    of   imprisonment   until   fine    is 

paid,   §    1456. 
Fine  and  imprisonment,  §  1446. 
Fine,  failure  to  pay  over,  §  427. 

Fine,  judgment  of,  discharge  of  defendant,   §  1454.       ^ 
Fines  and  forfeitures,  how  disposed  of,  §  1457. 
Instructions,   §   1439. 
Issue,  tried  how,  §  1430. 

Judgment   of   fine   may  direct  imprisonment,   §   1446. 
Judgment,  purchase  of  by  a  justice,  §  97. 
Judgment,   time   for  rendering,   §    1449. 
Judgment  to  be  entered  in  minutes,  §  1453. 
Jury,  discharge  of,  without  verdict,  §§  1443,  1444. 
Jury  discharged,  retrial  of  defendant,  §  1444. 
Jury,  formation   of,   §    1435. 
Jury  may  decide  in  court  or  retire,  §  1440. 
Jury  waived  how,  §  1435. 
Law,  court  to  decide   questions  of,   §  1439. 
Lottery,    proceeding   to    enforce    foffeiture    of    property 

in,  §  325. 
Magistrate,  police  judge  is  a,  §  808. 
Minutes  kept  how,'  §  1428. 

Prosecution   need  not  be  by  indictment  or   information, 
New  trial  granted  on  appeal  to  be  in  superior  court,   § 

1469. 
New  trial,  grounds  for,  §  1451. 
New  trial,  time  for  motion  for,  §  1450. 
Oath   of   jurors,   §    1437. 

Oath  of  officer  having  custody  of  jury,  §   1440. 
Plea,  and  how  put  in,  §  1429. 


906  POLICE    COURT— PRELIMINARY   EXAMINATION. 

Plea  of  guilty,  proceedings  on,  §  1445. 
Postponement   of   trial,   right   of,   §   1433. 
Presence  of   defendant   necessary,   §   1434. 
Prosecution  need  not  be  by  indictment  or  information, 

§  682. 
Subpoenas,    §    1459. 
Trial  conducted  how,  §  1438. 
Venure,  change  of,   §   1431,  1432. 
Verdict,  discharge  of  jury  without,  §§  1443,  1444. 
Verdict  of  jury,  how  delivered  and  entered,  §  1441. 
Verdict   of  jury,   when   several  defendants,   §   1442. 
What   courts   included  in,   §   1461. 

See  Justices  and  Police  Court. 

POLICE  JUDGE,     Corporation  committing  offense,  summons 

to   issue,  §   1427. 
Corporation   committing   offense,    summons,    service     of 

and  proceedings  on,  §  1427. 
Warrant  of  arrest,  form  of,  and  when  to  issue,   §  1427. 

POLITICAL  CONVENTION:   See"  Election. 

POLITICAL  MEETING,  disturbing,  §  59. 
Hindering  electors  from  holding,  §  58. 

POLLING  the  jury,   §   1163. 

POLLS:   See  Elections. 

POLL  TAX:    See  Tax. 

Eeceipts  for,  offenses  in  connection  with,  §§  431,  432. 

POSSE  COMITATUS,  refusing  to  join,  §  150. 

Supervisors  authorized  to  pay  expenses  of,  p.  723,  Stats. 

POSTING  BILLS  on  property  of  another,  §  602. 

POST-MORTEM  examination,  §   1512. 

POSTPONEMENT:    See    Adjournment. 

POWDER:    See   Explosives. 

PRACTICE:    See  Pleading. 

PREGNANCY   of   defendant,   proceedings   to   determine   be- 
fore execution,  §§  1225,  1226. 

PRELIMINARY  EXAMINATION,    accomplice,    conditional 

examination  of,  §   882. 


PRELIMINARY  EXAMINATION.  807 

Bail  for  appearance  at,  §  1273. 

Bail  on  postponement  of,  §  862. 

Bail,  order  for  on  commitment,  §  875. 

Bail,  undertakings  for  to  be  returned  to  court,  §  883. 

Charge,  magistrate  to  inform  defendant  of,  §  858. 

Commitment  for  examination,  how  made  and  form  of, 
§   863. 

Commitment,  form  of,  §§  863,  872,  873,  877. 

Commitment,  how  made  and  to  whom  delivered,  §  876. 

Commitment,  indorsing  on  complaint,  §  872. 

Commitment  on  postponement  of,  §  862. 

Commitment,  when  and  how  made,  §  872. 

Completed,  to  be  in  one  session,  §  861. 

Counsel,  magistrate  to  inform  or  right  to,  §  858. 

Counsel,  sending  for,  §   859. 

Counsel,  time  to  seud  for,  §  859. 

Depositions,  by  whom  and  how  taken,  §  87G. 

Depositions,   examination   and   copying  of,   §   870. 

Deposition  in  homicide,  authentication  and  form  thereof. 
§    869. 

Deposition  in  homicide,  compensation  of  reporter,  § 
869. 

Deposition    in   homicide,    transcribing,    §    869. 

Deposition  in  homicide,  signatures,  §  869. 

Depositions  to  be  read  on,  §  864. 

Depositions  to  be  returned  to  court,  §  883. 

Discharge  of  defendant,  when  and  how  made,  §  871. 

Infant  witness,  to  give  security,  §  880. 

Magistrate  to  return  depositions,  undertakings,  war- 
rants, etc.,  to  court,  §  883. 

Married  woman  as  witness  to  give  security,   §   880. 

Postponement,  commitment  or  discharge  on  bail,   §  862. 

Postponement,  length  of,  §  861. 

Postponement,  to  allow  time  to  send  for  counsel,  §  859. 

Present  at,  who  may  be,  §  868. 

Reporter's  compensation  for  deposit  ion  in  homicide,  § 
869. 

Hubpoenas,  issuing,  §  864. 

Testimony,   how   taken   and   authenticated,  §   869. 

Time  for  commencing,   §  860. 

Undertakings  to  be  returned  to  court,  §  883. 

Warrant  to  be  returned  to  court,  §  883. 

When  to  be  completed,  §  861. 


'j08  preliminary     EXAMINATION— PRESENTMENT. 

When  to  proceed,  §  860. 

Who  may  be  present  at,  §  868. 

Witness,  accomplice,   conditional  examination  of,  §   882. 

Witness,  conditionally  examined,  when,  §  882. 

Witness,  conditional  examination,  how  conducted,  §  882. 

Witnesses,   defendant   may   cross-examine,    §    865. 

Witness,   deposition,   admissibility  of,  §   882. 

Witnesses,  examination  of  defendant 's,  §  866. 

Witnesses,  exclusion  and  separation  of,  §  867. 

Witnesses  to   be   committed  on  refusal  to  give  security 

to   appear,   §   881. 
Witnesses   to   be   examined  in  presence  of   defendant,  § 

86.5. 
Witnesses   unable    to    give    security    to    appear   may   be 

examined  conditionally,  §  882. 
Witnesses,  undertaking  of,  to  appear,  §§  878-882. 

PREMISES,  forcible  entry  and  detainer  of,  §  418. 

Return,  after  being  removed  by  legal  proceedings,  § 
419. 

PRESCRIPTION:    See  Druggist. 

PRESENTMENT:    See  Indictment;  Information. 

Bench-warrant  to  be  issued,  when,  §  933. 

Bench-warrant,  clerk  when  and  how  may  issue,  §  934. 

Bench-warrant  oh,  form  of,  §  935. 

Bench-warrant,  how  served,  §  936. 

Bench-warrant  may  be  served  in  any  county,  §  936. 

By  grand  jury,  how  made,  §  944. 

Concurrence  of  twelve  grand  jurors  necessary  to  find- 
ing, §  931. 

Defined,    §    916. 

Foreman  of  grand  jury  to  sign,  §  931. 

Magistrate,  how  proceeds  when  defendant  brought  be- 
fore him,  §  937. 

Must  be  by  twelve  grand  jurors,  §  931. 

Must  be  presented  to  court  and  filed,  §  932. 

Of  indictment,  manner  of,  §  944. 

Proceedings  when  defendant  is  brought  before  magis- 
trate, §  937. 


PRESENTMENT— PRINTING.  a09 

To  be  filed  with  clerk,  §  932. 

To  be  presented  by  foreman  to  court,  §  932. 

PRESIDENT,    conspiracy    to    commit    any    crime    against    a 
felony,   p.   582,   Stats. 
Assault,  upon,   a  felony,  p.   582,   Stats. 

PRESTON    SCHOOL    OF   INDUSTRY,    additional   land   for, 

p.  668,  Stats. 
Commitment   to,   p.    686,   Stats. 
Completion    of    building    and    furnishing    and    equipping 

the  same,  p.  668,  Stats. 
Establishment   of,  p.  686,  Stats. 
Evil-minded  persons  prevented  from  coming  on  grounds, 

p.  688,  Stats. 
Improvements   and   water  supply,   p.   669,   Stats. 
Maintenance   of,  p.   657,   Stats. 
Maintenance  of  inmates  at,  p.  686,  Stats. 
Management   of,   p.    657.   Stats. 
Powers  of  judge,  p.  686,  Stats. 
Pi'ocedure,  p.  686,  Stats. 

PRESUMPTION,    director,   respecting,    §§    568,   569. 
Guilt,  from  finding  indictment,   §   1270. 
Indictment  need  not  state,  of  law,   §   961. 
Innocence,  of,   §   1096. 

PRETENSE:   See  False  Pretenses. 

PREVIOUS  CONVICTION,  finding  on,  §  1158. 

Form  of  verdict  on,  §  1158. 

See   Second   Conviction;    Former  Jeopardy. 

PRIMARY  ELECTION:   See  Election. 

PRINCIPAL,  jurisdiction  of,  not  present,   §   792. 
Who  is  a,  §  31. 

PRINTING,    circulars    injurious    to    candidate,    i)riiiting,    § 
62b. 
Election  ticket,  when  unlawful,  §  62. 
Superintendent    of    state,    not    to    be    interested,    §§    99, 

100. 
Transcri]»ts  on  appeal  a  county  cliai-gc,  §   1216. 
Writing  includes,  §  7. 


910  PRIOR   CONVICTION PRISON. 

PRIOR  CONVICTION:  See  Plea. 

PRISON:    See  Jail;   Convict;   Prisoner. 

Account  of  funds  from  prison  labor,  §  1580. 

Bags,  price  at  which  to  be  sold,  p.  713,  Stats. 

Board   may  appoint  what  officers,   §   1577. 

Board  of  examiners  consists  of  whom,  §  1584. 

Carrying  into,  things  to  aid  escape,  §  110. 

Child   under   sixteen   not    to   be    confined   with    adult,    § 

273b. 
Clerk,  duties  of,   §   1578. 

Code,    effect    of    on    statute    respecting,    §    23. 
Communicating  with  convict,   §   171. 
Compensation     and     allowances     to     sheriffs     delivering 

prisoners  to,  §   1586. 
Compensation  of  sheriffs,  how  allowed  and  paid,  §  1586. 
Contraband    articles,    bringing    into,    punishment    of,    § 

180a. 
Contracts,  advertising  for  bids,   §   1587. 
Contracts,  how  entered  into,   §   1587. 
Coroners'  inquests  in,   expenses   of,  payment  of,  p.   720, 

Stats. 
County  jails:  See  Jails. 
Credits,   §§   1590,   1591. 

Directors,  authority  to  make  contracts,  §  1587. 
Directors   cannot   incur   debt   binding   on   state,    §    1585. 
Directors,    compensation    of,    §    1574. 
Directors   may   make   rules    governing   credits   for    good 

behavior,   §   1592. 
Directors,  report  by,   §   1580. 
Discharged   prisoner   coming   upon    grounds   in   night,    § 

171b. 
Drugs,    liquors,    weapons,    or    explosives,    bringing    into, 

§  171a. 

Escape:   See  Escape. 

Expenses  and   salaries,  how  audited,   allowed   and   paid, 

§  1584. 
Explosive,   bringing   to   or   in   vicinity   of,    §    180a. 
Folsom,    branch    prison    at,    erection    and    maintenance 

of,  p.   705,  Stats. 


T^olsom,  completion  of  branch  prison  at,  p.  710,  Stats. 
Folsom,    directors    authorized    to    pay    for    skilled    labor 

in    constructing    dam   and    canal,    p.    720,    Stats. 
Folsom,  electric  pump  plant   to  use  water  of  American 

River,  p.   73  6,  Stats. 
Folsom,  employment  of  prisoners  in  completion  of  road, 

p.   719,  Stats. 
Folsom,    erection    of    building    for    insane    prisoners,    p. 

717,  Stats. 
Folsom,  erection  of  wall  at,  p.   710,  Stats. 
Folsom,  improvements  and  repairs,   §   716,  Stats. 
Folsom,    rock-crushing    plant,    act    relating    to,    pp.    710, 

713. 
Funds  from  prison  labor,  how  appropriated,  §   1580. 
Funds,  how  applied,   §   1584. 
Funds,   what   constitute,    §    1583. 
Government   and   regulation   of,   p.    691,   Stats. 
Grand  jury  to  inquire  into  condition  of,  §  923. 
Hemp,   directors   authorized   to   purchase    to    make    into 

bags,  p.   71G,  Stats. 
Importation  of  convicts,   §§   173,  175. 
Improvements  and  repairs  at,  p.  718,  Stats. 
Inhumanity  to   prisoners,    §   147. 
Injuring,  etc.,  jails,  §  606. 

Intoxicants,   bringing  to,    or   in   vicinity    of,    §    180a. 
Jute,  building,  land  and   machinery  for  manufacture  of, 

p.  717,  Stats. 
Jute,  establishment  of  permanent  fund  for  jnirchasc  of, 

p.   717,  Stats. 
Jute,  purchase  and   manufacture  of,  p.  717. 
Lieutenant-governor,  compensation  of,   §   1575. 
Liquor,  sale  of,  within  two  miles,  §  172. 
Officers,   duties  of,   §    1578. 
Officers,    monthly    reports    by,    §    1579. 
Photographs    and    descriptions    of    convicts    to    be    sent 

sheriffs  and  chiefs  of  police,  p.  583,  Stats. 
Eock-crushing  plants  at,  p.  710,  Stats. 
Rules  and  regulations,  board  to  adopt  and  print,  §   1576. 
San  Quentin,  building  for  insane  prisoners,  p.  717,  Stats. 
San  Quentin,  additional  lands  at,  p.   718,  Stats. 
Under  whose   control   and  superintendence,   §    1573. 
Vacancy  in   office   of   lieutenant-governor,   president    pro 

tem  of  senate  to  act  as,  §   1573. 
"Warden,   monthly   report   by,   §    1579. 
Weapons,   bringing   to,   or   in   vicinity   of,    §    ISOa. 


912  PRISONER. 

PRISONER:    See   Convict;   Jail;   Prison.  * 

Acknowledgment,   may  make,   §   675. 
Arrest  without  authority,  §   146, 
Assault  with  deadly  weapon  by,  punishable  with  death, 

§  246. 
Bringing  before    courts,   how,    §    1567. 
Child  under  sixteen  not  to  be  confined  with  adult  crim- 
inal, §  273b. 
Civil    death   of:    See   Death,    §    674. 
Civil  process,  on,  support  of,   §   1612. 
Communicating    with,    §    171. 
Compensation  for  conveying  to  prison,    §    1586. 
Confinement  to  be  actual,  §  1600. 
Convict,  costs  of  trial  of,  how  paid,   §   111. 
Costs  of  trial  of  convicts  for  crimes  committed  in  prison, 

p.   588,   Stats. 
Costs  of  trial  of  escaped   convicts,   payment  of,  p.  588, 

Stats. 
County  jails:  See  Jails. 
County,  returning  to  proper,   §   1606. 
Credits,    §§    1590,    1591;    p.    702,    Stats. 
Credits  for  good  behavior,  record  of  prisoners,  §  1592. 
Credits  for  good  behavior,  rules  governing,  §   1592. 
Credits  to  prisoners  sentenced  before  1864,  §   1594. 
Cutting  hair  of,  p.  719,  Stats. 
Deposition  of.  §  1346. 
Directors,    report    by    of    prisoners    entitled    to    pardon, 

§   1595. 
Discharge  of,  order  of,  §  1590. 

Discharge  of  prisoners  whose  terms  expired,   §   1593. 
Discharge  of,  restoration  to  citizenship,   §   1593. 
Discharged    prisoner   going   upon    grounds    of   prison    or 

reformatory,    §    171b. 
Employment  of  prisoners  in  constructing  roads,  p.   719, 

Stats. 
Escape,  assisting  in,   §   109. 
Escape,   carrying  or  sending  things  into   prison   to   aid, 

§   110. 
Escape,  costs  of  trial  for,  how  paid,  §  111. 
Escape  from  state  prison,  punishment  for,  §  105. 
Escape,    officers    suffering,    punishment    of,    §    108. 
Federal,  duty  of  sheriff,  §§  1601,   1602. 
Federal,  expense  of,  §  1581. 
Federal,  receiving  and  keeping,  §  1581. 


PRISONER— PRIVILEGE    OF    WITNESS.  913 

Federal,  receiving  and  .:eeping  in  state's  prison,  §  1581. 
Federal,   sheriff   to   receive   and  keep   in   county   jail,   § 

1601. 
Government   and  regulation   of,   p.   691,   Stats. 
Grand  jury  to  inquire  into   condition  of,   §   923. 
Hair   cutting,   of   persons   convicted   of    misdemeanor,    § 

1615. 
Hair,  act  relating  to  cutting  of,  §  1615,  note. 
How  brought  before  courts,  §  1567. 
Infants    under    probationary    treatment,     expenses    of, 

§   1388. 
Inhumanity  to,  §  147, 
Insane,   disposition   of,   §   1582. 
Insane  prisoners,  buildings  for,  p.   717,  Stats. 
Letter,   writing  or   reading  matter,   taking  to    or   from, 

§  171. 
Monday,  to  be  discharged  on,  §  28. 
Money,  etc.,   taken  from,   §§   1412,   1413, 
Parole:   See  Parole. 
Photograph    and    description    to    be    furnished    sheriffs 

and  chiefs  of  police,  p.  583,  Stats. 
Protection  of   convict,   §   676. 

Eefusing  to   receive   person   charged   with   crime,   §   142. 
Eelease  of  prisoners,  ordering  by   governor,   §   1593. 
Eeport    by    directors    of    prisoners    entitled    to    pardon, 

§  1595. 
Eeport  of  prisoners  whose  terms  expired,  §   1593. 
Eeseue  of,  §  101. 

Sale  or  conveyance,  may  make,  §  675. 
Separation   of   children   and   adults,   p.   623,   Stats. 
Service  on,   §   1609. 

Sheriff,   compensation   for   conveying   prisoners   to   pris- 
on, p.   691,   Stats. 
Stone-cutting,  etc.,  by  prisoners,  prohibited,  §  1588. 
Temporary  removal  of  to  act  as  witness,   §   1333. 
Unauthorized    communication    with,    a    misdemeanor,    § 

171. 
Witness,  as,  §   675. 

PRIVATE  PERSON,  may  arrest,  when,  §  837. 

PRIVATE    STATUTE,   how   pleaded,   §   963. 

PRIVATE  WAY,  injury  to,  malicious,  §  588. 

PRIVILEGE  OF  WITNESS:   See  Witnesses. 

Pen.  Code— 58 


314  PRIVILEGED     COMMUNICATIONS— PROCESS. 

PRIVILEGED  COMMUNICATIONS,  comments  of  in  report 
of  grand  jury  are  not,   §  928. 
Husband  and  wife,  competency  of  as  witnesses,  §   1322. 
See    Libel. 

PRIZE  FIGHT,  in  general,  §  412. 

Jurisdiction  of,  §  795. 

Leaving  state  to  engage  in,  §   414. 

Penalty   for,    §    412. 

Persons  present  at,  guilty  of  misdemeanor,  §  413. 

Prohibition  of,  p.  652,  Stats. 

Sparring  exhibition,  boxers  to  be  examined  by  physi- 
cian,  §  412. 

Sparring  exhibitions,  for  limited  number  of  rounds,  su- 
pervisors may  permit,  §  412. 

PROBABLE  CAUSE,  certificate  of,  §§  1243-1245. 

PROBATIONARY    TREATMENT    of    juvenile    delinquents, 

§    1388. 
Juvenile  court:   See  Juvenile  Court. 

On  judgment  of   fine   and   imprisonment,   §§   1203,   1215. 
Probation,    revocation,    suspension,    or    modification    of, 

§§  1203,  1215. 
Rearrest    of    defendant    and    pronouncing    judgment,    §§ 

1203,    1215. 
Suspension    of    sentence    and    placing    defendant    on,    § 

1203. 
Termination  of  and  discharge  of  defendant,   §   1203. 
See  Infant. 

PROCESS:   See  Arrest. 

Arrest  without  authority,  §  146. 
Contempt  for  disobeying,  §§   166,  724. 
Defined,   §   7. 
■  ,    Duty  of  jailer  where  papers  served  on  him  for  prisoner, 

§  1609. 
Execution   of,   justifies   homicide,   §   196. 
Levy  without,  §  146. 
Military,  to  aid  in  executing,  §   725. 
Officer  to   certify  persons  resisting,   §    724. 
Parties  to  proceeding  for  removal  of  officer  entitled  to, 

§  768. 
Power  of  officer  to  overcome  resistance  to  execution  of, 

§  723. 


PROCESS— PROSECUTION.  915 

Prisoner,  service  on,   §   1609. 

Resisting  execution  of,  in  county  proclaimed  in  in- 
surrection,  §   411. 

Retaking  of  goods  seized  under  a  misdemeanor,   §   102. 

Retaking  possession  after  dispossession  by,  a  misde- 
meanor,  §  419. 

Returnable,    where,    §    1504. 

Seizing    property    without,    a    misdemeanor,    §    146. 

Seizure   of   property   without,   §    146. 

Sheriff  may  summon  persons  to  assist  in  executing, 
§  723. 

Sheriff  not  to  receive  prisoner  on  civil,  unless  expenses 
provided,   §   1612. 

PROCLAMATION,   governor   may   declare   county   to   be   in 
state   of   insurrection,    §   732. 
Governor   may  revoke,   §   733. 

PROFANE  LANGUAGE,  use  of,  §  415. 

PROMISSORY  NOTE:   See  Negotiable  Instruments. 

PROPERTY.     Burning  property  not  subject  of  arson,  §  600. 
Malicious  trespass  to,   §  602. 
Conspiracy  to  obtain  by  fraud,   §  182. 
Dogs  are,  §  491. 

Fraudulent  concealment  of,  by  debtor,  §  154. 
Fraudulent  concealment  of,  by  defendant,   §    155. 
Fraudulent  pretenses  as  to  birth  of  infant,  §   156. 
Homicide   in   defense   of,   justifiable,   §    197. 
Includes  what,  §  7. 

Injuries  to,  what   a   misdemeanor,   §   6501^. 
Inventory   of,    taken    on    search-warrant,    §    1537. 
Larceny   of  lost,   §  485. 
Protection   of,   §   693. 

Receipt  for,  taken  on  search-warrant,   §   1535. 
Receiving,   in    false    character,    §    530. 
Refusing  to  give  assessor  list  of,  §  429. 
Selling,  by  warehouseman,  §  581. 

PROSECUTION,    action    dismissed    for    want    of,    when,    § 

1382. 
By  indictment  or  information,  §  682. 
Continuance    of    case    and    disdiargc    of    defendant    on 

his   own   recognizance,   §    13S3. 
Costs,  payment  of  by  prosecutor,  §§   1447,   1448. 
Form   of,"  §   684. 

30 


916  PROSECUTION— PROSTITUTION. 

In  name   of  people,   §   684. 

When   not    by   indictment   or   information,    §   682. 
See     Accusation;    Indictm.ent;     Former    Jeopardy,     etc. 

PROSPECTUS,  unauthorized  use  of  name  in,  §  559. 

PROSTITUTION",  abduction  of  infant  for,  punishment,  § 
267. 

Child  under  eighteen  sent  to  house  of,   §  273. 

Chinese  women,  act  relating  to  importation  for  prosti- 
tution,   §    266a,   note. 

Chinese    woman,    importing    for    prostitution,    §    266e. 

Chinese  houses  of  ill-fame,  acts  for  suppression  of 
continued  in  force,  §  23. 

Compulsory  prostitution  of  women,  pianishment  of,  p. 
653,  Stats. 

Consent  to,  obtaining  by  fraud,  §  266a. 

Disorderly   house,   keeping,   a   misdemeanor,   §    316. 

House  of,  keeping  or  living  in,   §   31-5. 

House   of,   keeping,    §§   315,   316. 

House  of,  residing  in,  §   315. 

Husband  consenting  or  conniving  to  placing  wife  in 
house   of,   §   266g. 

Husband   placing  wife   in   house   of,    §   266g. 

Husband  placing  wife  in  house  or  consenting  or  conniv- 
ing,  wife   may   testify,   §    266g. 

Husband  placing  wife  in  house,  act  relating  to,  §  266g, 
note. 

Ill-fame,  enticing  unmarried  minor  female  into  houses 
of,  punishment  of,  §   266. 

Hlicit    relation,    compelling    consent    to,    §    266b. 

Importation  of  Chinese  or  .Japanese  women  for  im- 
moral  purposes,   §   266a;    p.    653,   Stats. 

Infants,  admitting  to  or  keeping  in  house   of,   §   309. 

Infant,  not  to  be  sent  to  house  of,  §  1389. 

Infant,  sending  to  house  of,   §  273e. 

Inveigling  female  for  prostitution,  evidence  required 
to   convict,    §    1108. 

Japanese  women,  act  relating  to  importation  for  pros- 
titution, §  266a,  note. 

Japanese   women,   importing   for   prostitution,    §    266c. 

Jurisdiction  of  offense  of  enticing  or  taking  awaj-  fe- 
male  for,    §    784,   subs.    3    and   4. 

Jurisdiction  of  offense  of  inveigling  or  taking  away 
female  for,  §  784. 


PROSTITUTION-PUBLIC  HEALTH.  917 

Jurisdiction    of    offense   of   inveigling   away    infant    for 

§   784. 
Keeping  house  of,  §  315. 
Letting  house  for,  a  misdemeanor,   §  316. 
Living   in   house    of,    §    315. 

Married  woman,  placing  in  house  of,  p.  654,  Stats. 
Paying  for  woman  for  purpose   of  prostitution,   §  266e. 
Paying  for   woman   to    place   her   in   house    against   her 

will,   §   266e. 
Prevailing  upon  person   to   visit,  §   318. 
Punishment   of,  p.   560,   Stats. 
Receiving  money  for  placing  woman   in   custody  for,   § 

266d. 
Reputation  as  evidence  of  character  of  house  of,  §  315. 
Sale,   etc.,   of  woman   for  immoral  piirposes,   §   266b. 
Seduction   for  purposes   of,   punishment   of,   §   266. 
Taking  woman  for,  against  her  will,   §   266a. 
Vagrants,  who  are,  §  647. 

PROVISIONS:   See  Food. 

PUBLIC   ADMINISTRATOR,   neglect   or   violation   of   duty 
by,  §  143. 

PUBLICATION.     Cartoon    or   caricature:    See    Caricature. 
For  not  fighting  a  duel,  §  229. 
Indecent,   §   311. 

Injurious,  presumed  to  be  malicious,  §  250. 
Libelous,  what  is,  §  252. 

Notice  of  application  for  pardon,  of,  §  1422. 
Notice  to  procure  abortion,  of,  §  317. 
Officers  to  insure  lottery  tickets,  of,  §  324. 
Privileged,   §   254. 

Proceedings  regarding  indecent,  §§  311-318. 
Scaled  letters,  of,  S  618. 
Service  of  notice  of  appeal  by,  §  1241. 
Signature  to  and  punishment  for  not  signing,  §  259. 

PUBLIC    DEBT,    acts    for    funding    and    issuing   bonds    con- 
tiinu'd  in  force,  §  23. 

PUBLIC  HEALTH,  act  for   cutting  hair  of   persons   guilty 
of  misdemeanor,  p.   719. 
Adulteration:  See  Adulteration. 
Animals,  infected   to  be  killed,  §  402%, 
Animals,  sale   of  diseased,  a  misdemeanor,  §  402. 


918  PUBLIC    HEALTH— PUBLIC    WORKS. 

Bringing  diseased   animals   into   state,   §   402. 

Burial  without  permit,  §  377. 

Carcasses,  offal,  depositing  of  in  public  place,  §  374. 

Conspiracy  to  commit  acts  injurious  to,  §  182. 

Crimes  against,  enumerated,  §  374. 

Disinfection,  failure  to  obey  rules  of  board  of  health  as 

to,   §    377a. 
Exhumation  and  removal  of  dead  bodies,  regulation  of, 

p.   654,   Stats. 
Ice,   refusal   to   obey   regulations  of  board  of  health  to 

prevent   pollution,    §    377c. 
May  order  hair  of  persons  convicted  of  misdemeanor  to 

be   cut,   §    1615. 
Quarantine  rules  of  board  of  health,  failure  to  obey,  § 

377a. 
Rules  of  board  of  health  to  prevent  pollution  of  water, 

disobedience,  §  377b. 

See   Health. 

PUBLIC  LANDS,   cutting  growing   trees   upon,   §   603. 
Destruction  of  forest  by  fire,  act  to  prevent,  p.  600. 
Entering    upon     and    obtaining    settlement,     prevention 

of,    §   420. 
Gathering  pitch  from  trees  on,  §  603. 
Passage  through  or  over,  obstruction  of,   §  420. 

PUBLIC   LIBRARY:    See   Library. 

PUBLIC  MEETING,  disturbing,  §§  58,  59,  403. 

Police  force  to  preserve  peace,  §  720. 
Preventing,  §   58. 

PUBLIC  MONEY,  defined,  §  426. 

See  Officer. 

PUBLIC  OFFICER:  See  Officers. 

PUBLIC  PLACE,  malicious   or  reckless  use  of  explosives  at, 
§  6(11. 
Procuring   or   permitting   exhibition   of   females   in   for- 
bidden, §  306. 

PUBLIC   WORKS:    See   Hours   of  Labor. 

Keceiving  portion  of  wages  of  laborer  on  public  works, 

§  653d. 
Wages,    withholding    part    from    laborer    or    subordinate 
officer,  act  relating  to,  §  653d,  note. 
See    Theaters. 


PUBLISHER— QUARANTINE.  ai9 

PUBLISHER,  libel,  §   254. 

PUNISHMENT:  See  Imprisonment;  Judgment;  Execution; 
Sentence. 

Act  not  less  punishable  as  crime  because  a  contempt,  § 
657. 

Act  punishable  by  different  provisions  of  code,  §  654. 

Attempt  to  commit  crime,  how  punished,  §  664. 

Attempt  to  commit  crime,  punishment  where  different 
.   offense  accomplished,  §   665. 

Conviction  necessary   to,   §   681. 

Credits  for  good  behavior,  §§  1590,  1591;  p.  702,  Stats. 

Determinec    how,   between   certain   limits,   §   13. 

Felony,  punishment  of  where  not  otherwise  prescribed, 
§    18. 

Foreign  conviction  of  former  offense,  effect  of,  §  668. 

Foreign  law,  where  offense  punishable  under,   §   655. 

Forfeiture,  conviction  not  to  woi-k,  §  677. 

Gold   coin,  valuation  to  be  estimated  in,   §  678. 

In  general,   §   654. 

Juvenile  court:   See  Juvenile  Court. 

Limits  of,   §   13. 

Mitigation  of,  in  certain  cases,  §  658. 

Mitigation  of,  proof  of  matters  in,  §  1204. 

Offense  for  which  no  penalty  prescribed,  §  177. 

Persons  liable   to,  §  27. 

Preston  school  of  industry:  See  Preston  School  of  In- 
dustry. 

Probationary  treatment,  §§  1203,   1215. 

Probationary  treatment  of  juvenile  delinquents,  §  1388. 
See    Probationary    Treatment. 

Eescue  of  prisoner,   §   101. 

Second   offense   of,   §   666. 

Second  term  of  imprisonment,  when  to  commence,  § 
669. 

Summary  inquiry  for  mitigation  of,  §  1204. 

"Whittier  state   school:    See    Whitticr   State    School. 

QUARANTINE,    exposing   person    infected    with     contagious 
disease,  §  394. 
Failure  to  conform  to  quarantine  rules,  §  377a. 
Masters  of  vessels  nf)t  obeying  regulations,  §  376. 
Neglecting  to  perform  duty  under,  §  378. 
Violating   health    law,   §   377. 
Violating  health  laws  by  master  of  ship,  §  376. 


920  QUESTIONS   OF  LAW  AND   FACT— RAILROAD. 

QUESTIONS  OF  LAW  AND  FACT.  Fact,  questions  of  to 
be  decided  by  jury,  §§  1126,  1439. 

Law,  exceptions  may  be  taken  to  decisions  on  ques- 
tions of,  §§  1170,  1172,  1173. 

Law,  questions  of,  to  be  decided  by  court,  §§  1124,  1126, 
1439. 

Libel,  jury  decides  both  law  and  fact,  §  1125. 

QUICKSILVER,  counterfeiting  stamp,  §  366. 
Selling   debased,.  §   367. 

RACE,  highway,   on,   §   396. 

RAFT,  burning  or  destroying,  §  608. 

RAILROAD:    See   Carrier;    Street   Railway. 

Animals,  leading,  driving  or  permitting  to  remain  along 
track,  §   369e. 

'Bell,  crossing  highway  without  ringing  or  sounding 
whistle,  §  390. 

Bill  of  lading:   See  Bill  of  Lading. 

Burning  property  of,  maliciously,  §  600. 

Collision,  death  from,  employee  negligently  causing,  § 
369. 

Crossing  at  private  passway  and  leaving  open,  §  369d. 

Debt,  officer  contracting  in  excess  of  means,  §§  566,  567. 

Defacing  marks  on  wrecked  property,  §  355. 

Employee   becoming  intoxicated,   guilty   of.   §   369f. 

Employee  causing  death  through  intoxication,  §  369f. 

Employees,  violation  of  duties  of,  §  393. 

Explosives,  putting  on  track,  §§  214,  218. 

Firing  bridges,  etc.,  §  218. 

Fish,  regulations  governing  transportation  and  punish- 
,   ment  for  violation,  §  632a. 

Freight-car,  meaning  of,  §  392. 

Game,  railroad  carrying,  when  guilty  of  misdemeanor, 
§  627a. 

Game,  transportation  of,  regulations  governing  and  pun- 
ishment for  violating,  §  627b. 

Game,  transporting  out  of  state  without  permit,  §  627a. 

Injuries  to   property,   malicious,   §   587. 

Interference  with,  malicious,  punishment,  of,  §  587. 

Interfering  with  track,  etc.,  §  218. 

Intoxicated,   employee  becoming   a   misdemeanor,   §   391. 

Jurisdiction  of  offense  on  train,  §  783. 

Lights,  interfering  with,  §  218. 


RAILROAD— REASONABLE  DOUBT.  921 

Livestocl:^  failure  to  unload  for  rest,  water  antl  food,  § 

3691). 
Livestock,  neglect  of  owner  to  pay  for  care  and  food, 

right   of   railroad,   §    369b. 
Obstructions,   putting  on  track,   §   218. 
Overcharges  by  officers  of,  §  525. 
Passenger-car,  placing  in  front  of  freight,  §  392. 
Police,  appointment  of  to  serve  on,  p.  652,  Stats. 
Eiding  or  driving  vehicle  along  track  or  over  right  of 

way,    §    369g. 
Robbery,  interfering  with  train  for  purposF  of,  §  214. 
Eobberj^,  boarding  train  to  commit,   §   218. 
Steam-boiler,  mismanagement  of,  §§  349,  368. 
Ticket,  check,  etc.,  altering,  forging,  etc.,  §  481. 
Ticket,  check,  etc.,  restoring,  §  482. 
Train-wrecking,   §  218. 
Train-wrecking  a  felony,   §§   218,  219. 
Train-wrecking,  punishment  of,  §  219. 
Value  of  passage  ticket,  larceny,  §  493, 

RAPE:   See  Prostitution. 

Assault,  with  intent  to,  §  220. 

Defendant 's    capacity,    proving   when    defendant     under 

fourteen,  §  262. 
Defined,  §  261. 
Drugs,  §   261. 

Female  under  sixteen,  §   261. 
Fraud,  intercourse,  procured  by,  §  266. 
Lunatic,  of,  §  261. 

Murder,  in  attempting,  degree  of,  §  189. 
Penetration   sufficient,   §   263. 
Personating   husband,    §    261. 
Punishment   of,  §  264. 
Unconscious  female,  §  261. 

BiEAL  PROPERTY   coextensive  witli  what,  §  7. 
Landmarks,  defacing,  etc.,  §  605. 
Larceny,  severing  and  removing  part  of  realty,  §  495. 
Malicious  injuries  to  freehold,  §  602. 
Married    person,    selling   under    false    representations,    § 

534. 
Retaking  possession  after  removal  l)y  process,  §  •119. 
Twice  stalling,  §  533. 

REASONABLE  DOUBT,  acquittal  in  case  of,  §  1096. 
Degree,  as  to,  convicts  only  of  the  lowest,  §  1097. 


922  RECAPTURE— RECORDS. 

RECAPTURE:    See    Escape. 

RECEIPT    by    officer   taking    money,    etc.,    from   person    ar- 
rested, §  1412. 
Duplicate  must  be  marked  duplicate,  §  580. 
Erroneous,  issued  in  good  faith,  §  579. 
False,  for  poll  taxes,  §  431. 
False,  for  poll  taxes,  possessing,  §  432. 
Fraudulent  issue  of,  §§  577-580. 

License,  fraudulent  use  of  receipts  for,  §§  431,  432. 
Payment   of   tax   or  license,   failure   to   give   receipt   on, 

§  431. 
Search-warrant,  for  property  taken  under,  §  1535. 
Tax,  for,  fraudulent  use  of  receipts  for,  §|  431,  432. 
Warehouse,  fictitious,  §§  578-580. 

RECEIVING  STOLEN  GOODS:    See  Larceny. 

Jurisdiction  on  receiving  stolen  property  and  bringing 
into   state,   §   789. 

RECOMMITMENT,  bail  given  on  qualifications  of  sureties, 
§  1317. 

Bail  in  case  of,  who  may  take,  §  1315. 

Bail  may  be  given,  w^hen  and  when  not,  §§  1313,  1314, 

Contents  of  order  for,  §   1311. 

Defendant,  whether  may  again  be  admitted  to  bail,  § 
1314. 

If  for  failure  to  appear  for  judgment,  defendant  to  be 
committed,   §    1313. 

May  be  arrested  in  any  county,   §   1312. 

Of  defendant  after  admission  to  bail,  in  what  cases  or- 
dered, §   1310. 

RECONSIDERATION  of  verdict  of  guilty  may  be  directed, 
when,   §    1161. 

RECORDING  verdict,   §   1164. 

RECORDS,  action,  of,  what  constitutes,  §  1207. 
Adding  names  to  jury  lists,  §  116. 
Altering,   a  forgery,  §  471. 
Clerk  to  transmit  to  appellate  court,   §  1246. 
Destroying,  punishment  of,   §§   113,   114. 
False  entries  in,  a  forgery,  §  471. 

False  or  forged  instruments,  offering  for  record,  §  115. 
False,  preparing  for  use  on  trial,  §  134. 
False  instrument,  offering  for,  a  forgery,   §   115. 


RECORDS— REFORMATORY.  923 

Falsification  of,  no  limit  of  time  for  prosecution,  §  799. 
Falsifying,   §§   113,   114. 
Falsifying  jury  lists,  §   117. 

Forged  instrument,  offering  for,  a  forgery,  §   115. 
Forgery   of,    §    470. 

Grand  jury  entitled  to  access  to  without  charge,  §  924. 
Mutilating,  etc.,  §   113. 

Public,  no  limitation  of  time  to  prosecute  for  falsifica- 
tion  of,   §    799. 
Eefusal  of  oflficer  to  surrender  to  successor,  §  76. 
Stealing,   §    113. 

REDEMPTION,  sale  by  pawnbroker  before  time  of  expires, 
§   341. 

REFEREE,  bribing,  §§  92,  93,  95. 
Contempt   before,   §   166. 
Influence,  improper  attempts  to,  §  95. 
Intimidation   of,   §   95. 
Misconduct  of,  §  96. 
Receiving  bribe,  punishment  of,  §  93. 
Receiving  communication  other  than  in  regular  proceed- 
ing,  §   96. 

REFORMATORY,   bringing  intoxicants,   narcotics,   weapons, 

explosives  to  or  in  vicinty  of,  §  180a. 
Communicating  with  inmate,    §    171. 
Discharged    prisoner   coming   upon    grounds   in   night,    § 

171b. 
Drugs,   liquors,   weapons   or   explosives,   bringing  into,   § 

171a. 
Escape   from,   punishment   for   assisting  in,  §   109. 
Evil-minded   person,   vagrant,   etc.,   communicating   with 

inmates,    §    171c. 
Evil-minded  persons,  act  to  prevent  coming  on  grounds 

of,  §   171a,  note. 
Expenses  of  infant   delinquent,  at,  §   1388. 
Letter,  writing,  or  reading  matter,  taking  to  or  from,  § 

171. 
Liquor,  sale  of  within  two  miles  of,  §  172. 
Prisoners  to  be  discharged  on  Monday,  §  28. 
Probationary  treatment  of  juvenile  delinquents,   §   l.^SS. 
Weapons,  act  to  prevent  bringing  on  grounds  of,  §  171a, 

note. 
See    House    of    Correction;     Juvenile     Court;     Probationary 
Treatment;   Preston   School  of  Reform;    Whitticr  State 
School. 


924  REGISTRATION— RESUBMISSION. 

REGISTRATION:    See    Elections. 

Fraudulent,    of    animals,    §    537%. 

RELIGIOUS  MEETING,  disturbing,   §   302. 

REMEDY,  civil,  preserved  by  code,  §  9. 

REMITTITUR,  §§   1264,   1265. 

REMOVAL  OF  ACTION:   See  Venue. 

REMOVAL   OF   OFFICER:    See   Impeachment;     Offices    and 
Officers. 

REPEAL,  acts  preserved  from,   by   code,   §   23. 
REPORTER,    judicial    officer    receiving    part    of    salary    of, 

§   9^- 
REPRIEVE,   in  general,  §§   1417-1422. 

REPUTATION,  as  evidence  of  character  of  house  of  prosti- 
tution,  §   315. 

RESCUE:    See  Escape. 

Breaking  doors  to  retake  prisoner  rescued,  §  855. 
Insurrection,   aiding  after  declaration  of,  §  411. 
Of  prisoners,  §  101. 
Retaking  person  rescued,  §§  854,  855. 

RESERVOIR,  malicious  injury  to,  §§  592,  607. 

RESIDENTS.     Crimes    committed    out    of    state    when   pun- 
ishable in  state,  §  27. 

RESISTANCE,   lawful,   when   and   by   whom   may  be   made, 
§§    692-694. 
Public  officer,  to,   §§  69,  148. 
To  strs'ice  of  process,  overcoming,   §§   723-728,   732. 

RESOLUTION:    See   Legislature. 

RESTRAINING    ORDERS,    use    of    limited   in    disputes    be- 
tween master  and  servant,  p.  581,  Stats. 

RESTRAINT,    what    degree    of,    allowed   before    conviction, 
§   688. 
What  degree  of,  allowed  of  party  arrested,  §  835. 

RESUBMISSION    after    discharge,    arrest    of   judgment    on, 
§  1188. 
Because  facts  do  not  constitute  offense,   §   1117. 
Of  case  after  dismissal  of  indictment,  §  942. 


RESUBMISSION— RIOT.  925 

Of  case  after  indictment  set  aside,  §§  997-999. 
When  demurrer  allowed,   §§   1008-1010. 

RETAKING  goods  from  custody  of  officer,  §  102. 

RETROACTIVE,  code   not,   §   3. 

RETURNING  to  lands  after  removal  by  process,  §  419. 

RETURNS:   See  Elections. 

REVENUE,   board   of   examiners   neglecting   duties   concern- 
ing, §  441. 
Obstructing   collection   of,   a   misdemeanor,  §  428. 
Officer  connected  with  refusing  inspection  of  books,  pun- 
ishment of,  §  440. 

See  Taxes. 

REWARDS.     Amount   that  may  be  offered,  §  1547. 

Extradition   for,   §    1558. 

For  fugitive  from  justice,  §  1547. 

Governor,   when   may  offer  for  criminal,   §   1547. 

Officer    taking   for    appointment    or    deputation,    punish- 
ment of,  §  74. 

Robbery,    reward    for    arrest    of   person    engaged    in,    p. 
610,   Stats. 

When   payable,    §   1547. 
RIOT,  arrest  of  rioters  not  dispersing,  §  727. 

Commanding    assistance    by   officers   in   serving   process, 
§    723. 

Contempt,  resisting  service  of  process,  §  724. 

Defined,    §   404. 

Governor    may   revoke    proclamation    of    insurrection,    § 
733. 

Homicide  in  suppressing,  justifiable,  §  197. 

Insurrection,  governor  may  declare  county  in,  §  732. 

Jurisdiction  of  justice's  courts  over,  §  1425. 

Magistrates  and  officers  to  command  rioters  to  disperse, 
§    726. 

Magistrate  or  officer  refusing  or  neglecting  to  disperse, 
§  410. 

Military,  ammunition  of,  §  729. 

Military  com])anie8,  unlawful,  §  734. 

Military,  conduct  of,  in   general,  §   731. 

Military,  firing  blank  cartridges,  §  731. 

Military  governor  to  ordei   out  to  aid   in  executing  pro- 
cess, §  725. 

Military,   liability   of    olliccrs    for    acts    done    on    duty, 
§    731.. 


92o  RIOT— SAILORS'    HOME. 

Military  to  appear  at  time  and  place  appointed,  §  729. 

Military,  to  obey  orders,  §§  729,  730. 

Military,  who  may  order  out,  §   728. 

Names  of  persons  resisting  process,  certifying  to  court, 

§   724. 
National  Guard,  governor  may  order  into  service,  when, 

§    ^32. 
Punishment  of,   §  405. 

Remaining  at  after  warning  to  disperse,  §  409. 
Suppress,  oflficer  may,   §  697. 
Unlawful  assembly,  defined,  §  407. 

RIVER:      See  Waters. 

ROAD,    maintaining,    for    remuneration    without    authority, 
§   386. 

ROBBERY,  assault  with  intent  to  commit,  §  220. 
Bringing  stolen  property  within  state,  §  27. 
Defined,   §   211. 

Fear  that  may  be  an  element  in,  §  212. 
.Turisdiction  where  property  brought  into  county,  §   786. 
Kidnaping,  with  view  to,  §  209. 
Murder  in  committing,  degree  of,  §  189. 
Punishment  of,  §  213. 

Railroad  or  train,   interfering  with  for  purpose  of  rob- 
bery, §  214. 
Stolen  property,  bringing  into  state,  §  27. 

RODEOS,  effect  of  code  on  statute  regulating,  §  23. 

ROUT  defined,   §  406. 

Jurisdiction  of  justice 's  court  over,  §  1425. 

Magistrate  refusing  to   disperse,   §  410. 

Punishment    of,    §    408. 

Refusal  to  disperse  on  command,  a  misdemeanor,  §  416. 

Remaining  at,  after  warning,  to  disperse,  §  409. 

Unlawful  assembly,  defined,  §  407. 

SACRAMENTO  RIVER,  limits  of  tide  water  in,  §  634. 

SAILOR:      See   Shipping. 

SAILOR     BOARDING-HOUSE,    violation     of    provisions   of 
code  concerning,  §  643. 

SAILORS'    HOME,   liquors,  sale   of   within   one   mile   and   a 
half   of,   §   172. 


Salary— SAN  joaquin  river.  921 

SALARY:      See  Officers;  Wages. 

Receiving  x^art  of  subordinate's,  by  judicial  officer,  §  94. 
SALES,    adulterated   food,   misdemeanor,    §   382. 

False  labels  on  goods,  §  349a. 

False  statements  as  to  quality  of  goods,  §  654a. 

False  weight,  giving,  a  misdemeanor,  §  555. 

Fraudulent,  by  debtor,  §§  154,  531. 

Fraudulent,  by  married  person,  §  534. 

Labels,  false,  on  goods  sold,  penalty  for  affixing,  §  349a. 

Of  convict-made  goods,  a  misdemeanor,  §  679a. 

Of  goods  with  counterfeit  trademark,  a  misdemeanor, 
§  351. 

Penalty  for  officers  purchasing  at,  §  71. 

Putting  in  extraneous  substance  to  increase  weight,  '§ 
381. 

With  intent  to  defraud,  §  155. 

SALMON:      See   Animals;  Game   Laws. 

SALOON,  females  employed  in,   §   306. 

Permitting  minors  to  gamble  in,  §  336. 
See  Intoxicating  Liquors. 

SALVAGE,  retaining  wrecked  property  after,  paid,  §  544. 

SAN  ANTONIO  CREEK,  fish  not  to  be  caught  by  seines, 
nets  or  weirs  in,  p.  605,  Stats. 

SAN  FRANCISCO,  act  relating  to  home  of  inebriate  con- 
tinued  in   force,   §    23. 

Collecting  tolls  or  wharfage  without  authority,  a  mis- 
demeanor,  §    642. 

Coroners   in,   p.    586,   Stats. 

Coroner  in,  assistants  to,  p.  586,  Stats. 

Goods  saved  from  fire,  failure  to  notify,  punishment, 
§    500. 

House  of  correction,  p.  012,  Stats. 

Italian  interpreter  in,  p.   618,  Stats. 

Removing  property  from  v/harvcs  without  authority, 
§   642. 

Stenographer  in  for  coroner,   p.  584,  Stats. 

Unlawful   interment,  a  misdemeanor,  §  297. 

Violating  quarantine  laws  of,  punishment  of,  §  376. 

SAN  FRANCISCO  HARBOR,  j)olice  regulations  of,  violat- 
ing,  §   643. 

SAN  JOAQUIN  RIVER,   limits  of  tide   water  in,  §  634. 


928  SAN   LEANDRO    CREEK— SEARCH-WARRANT. 

SAN  LEANDRO  CREEK,  fishing  in  forbidden,  p.  605,  Stats. 

SAN  QUENTIN:  Sec  Prison. 

SANTA  MONICA,  destruction  of  sea-gulls  in  vicinity  of  for- 
bidden,-p.   609,  Stats. 

SAVINGS  BANK:    See  Bank. 

SAW-LOG:      See   Log. 

SCAFFOLDING,  destroying  or  removing  notice  of  unsafety 

a  misdemeanor,  §  402c. 
Inspection    of,    obstruction     of     officer,    a    misdemeanor, 

§  402c. 
Unsafe,  erection  of,  a  misdemeanor,  §  402c. 

SCHOOL  OF  INDUSTRY:  See  j'reston  School  of  iu<iustry. 

SCHOOL  OF  REFORM:     See  Whittier  State  School. 

SCHOOLS,  teacher,  abuse  of,  §§  653b,  654. 

SCRIP,  officer  dealing  in,  §   71.   . 

SEA-GULLS,   protection  of   in  vicinity  of  Santa  Monica,   § 
599;  p.  609,  Stats. 

SEAL  includes  what,  §   7. 
Forging,  §  472. 
Private,  §  7. 
Scroll  of  pen,  §  7. 

SEAMAN:     See  Shipping. 

SEARCH,  of  defendant,  §  1542. 

SEARCH-WARRANT,  affidavit  to  inventory,  §  1537. 

Affidavit  to  support,  form  of  and  what  to  contain,  §  1525. 

Breaking  open  doors,  etc.,  in  serving,  §  1531. 

Breaking   open   doors   to   liberate    one   acting   in   aid   of 

officer,  §   1532. 
Custody  of  property  taken,  §  1536. 
Defined,   §   1523. 

Depositions  at  examination  of  complaint,  §§  1526,  1527. 
Deposition,   filing   and   returning,   §    1541. 
Embezzled  property,  issuing  for,  §  1524. 
Evidence,     hearing,     where     grounds    for     controverted, 

§    1539. 
Examination     of     complainant   before    issuing,    §§    1526, 

1527. 
Form  of,  §   1529, 


SEARCH-WARRANT— SECRETARY.  929 

Grounds  for  controverted,  proceedings  on,  §  1539. 

Grounds  for  issuing,  §§  1524,  1528. 

Inventory,  affidavit  of  officer  to,  §  1537. 

Inventory,  filing  and  returning,  §   1541. 

Inventory  of  property  taken,  §§  1537,  1538. 

Inventory  of  property  taken,  copy  of,  to  whom  delivered, 
§    1538. 

Issue,   grounds  for,   §§   1524,   1528. 

Issue,  wiien  will,  §   1528. 

Maliciously  procuring,  §   170. 

Probable  cause,  necessary  to  issue  of,  §§  1525,  1540. 

Proceedings,  if  grounds  for  warrant  controverted,  §  1539. 

Proceedings  if  magistrate  without  power  to  inquire  into 
offense,  §  1541. 

Property,  restored,  when,  §   1540. 

Property  taken,  how  disposed  of,  §  1536. 

Eeeeipt  for  property  taken,  §  1535. 

Eestoring  property,  §  1540. 

Eeturning,   §   1541. 

Eeturning  of  depositions,  warrant  and  inventory,  §  1541. 

Eeturn  of  warrant,  and  delivery  of  inventory  of  prop- 
erty,  §    1537. 

Eeturn,  time  for,  §  1534. 

Search  of  defendant,  §  1542. 

Service  at  night  may  be  directed,  §  1533. 

Service,  by  whom  may  be  made,  §  1530. 

Service  generally  to  be  in  day-time,  §  1533. 

Sign,  magistrate  must,  §  1528. 

Time  for  executing  and  returning,  §   1531. 

Void  unless  executed  within  ten  days,  §  1534. 

SECOND     CONVICTION,    previous     conviction,    fiuding   on, 
§    1158. 
Punishment  on  second  conviction,  §  6G6. 
Punishment  on  charge  of  circulating  paper  money,  §  C48. 
See  Former  Jeopardy. 

SECOND  OFFENSE.     Foreign  conviction  of  forirer  olfunse, 
effect  of,  §  668. 
Punishment  of,   §§  666,   668,   669. 
Second  term  of  imprisonment  to  begin  when,  §  669. 

SECOND  PROSECUTION  prohibited,  §   687. 

SECRET,  extortion  to  expose,  §  519. 

SECRETARY,   federal    executive,    offenses    against,   p    582, 
Stats. 

Pen.  Code— 50 


930  SECRETARY  OF  STATE— SENTENCE. 

SECRETARY  OF  STATE,  impeachment,  liable  to,  §  737. 

SECRET     SOCIETY,     wearing    badge     of,    a    misdemeanor, 
§   538b. 

SECTION  declaring  crimes   punishable,  duty  of  court,  §   12. 

SECURITY,  appearance  of  defendant,  for,  §  862. 
Appearance  of  witness,  for,   §§   879-882. 
Peace,  to  keep,  §§  701-714. 

SEDUCTION:      See  Prostitution, 
Evidence  of,  §  1108. 
Promise  to  marry,  under,   §  268. 
Prosecutrix  must  be  corroborated,  §   1108. 
Prostitution,  for  purpose  of,  §  266. 
Punishment  of,  p.  690,  Stats.  • 
Subsequent  marriage  of  parties,  effect  of,  §  269. 

SEINE:  See  Game  Laws. 

SEIZURE  without  process,  §  146. 

SELF-DEFENSE,  bare  fear  not  to  justify  killing,  §   IDS. 
Homicide  in,  justifiable,  §  197. 
Lawful  resistance  to  crime  who  may  make,  §§  692,  693. 

SENATE.      See   Impeachment. 

Bribing  legislator,  §§  63,  63a. 

SENTENCE.     See   Judgment;      Punishment. 
Arraignment  for,    §    1200. 

Attempt  to  commit  crime,  how  punishe'l,   §  664. 
Attempt   to   commit   crime,   punishment   where   different 

offense  accomplished,  §  665. 
Contempt,    punishment    for,    as   mitigation    of    sentejice, 

§   658. 
Credits,   forfeiture   of,   §   1591. 
Credits  for  good  behavior,  §  1590;  p.  "02,  Stats. 
Credits  for  good  behavior,  records  of  prisoners,  §  1592. 
Credits   of    prisoner   in    county   jail    tor   good   behavior, 

§  1614. 
Death,   proceedings     where     defendanr,   insane,    §^    1221- 

1224. 
Degree  of  crime,  court  must  determine;  ou  plea  of  guilty, 

§   1192. 
Directors    may   make    rules    governing   credits   for   good 

behavior,   §   1592. 
Duty  of  court  in  general,  §  12. 
Pelony,  punishment  of,  where  not  otherwise  prescribed, 

§  18. 


SENTENCE— SERVICE.  931 

Fine  may  be  added  to  imprisonmaut,  §  (572. 

Gold  coin,  valuation  to  be  estimated  in,  §  678. 

House   of   correction:    See   House   of   Correction. 

Juvenile    court:   See   Juvenile    ^  jurt. 

Life,  imprisonment   for,  where  no  limit,  §   671. 

Limits  of,   §   13. 

Preston  school  of  industry:  See  Vreston  School  of  In- 
dustry. 

Probationary  treatment  of  juvenile  delinquents,  §  1388, 

Probationary  treatment  on  jud;?nion~  of  fine  and  impris- 
onment, §§  1203,  1215. 

Probation,  re-arrest  of  defendant  tuid  pronouncing  iudg- 
ment,  §§  1203,  1215. 

Probation,  revocation,  suspension  or  modification  of, 
§§  1203,  1215. 

Probation,  suspension  of  sentence  and  placing  defendant 
on,   §   1203. 

Probation,  termination  of,  and  discharge  of  defendant, 
§  1203. 

Proceedings  where  defendant  under  death  sentence 
pregnant,  §§   1225,  1226. 

Punishment  between  certain  limits  determined  how,  §  13. 

Reformatories:   See   Reformatories. 

Second  offense,   §§   666,  668,   669. 

Second  term  of  imprisonment,  when  to  commence,  §  669. 

Temporary  release  of  prisoner,  time  not  to  be  computed, 
§  670. 

Unexecuted  judgment  of  death,  carrying  into  effect,  § 
1227. 

Unexecuted  sentence  of  death,  order  carrying  into  effect 
not   appealable,   §   1227. 

Whittier  state  school:     See  Whittier  State  School. 

SEPULTURE:      See  Cemetery. 

SERVANT.     Embezzlement,  when  guilty  of,  §  508. 
Homicide   in  defending,  justifiable,   §   197. 
See  Master  and  Servant. 

SERVICE,  articles  of  impeachment,  of,  §§  740,  741. 
Bench-warrant,  of,.§§  936,  983,  1198. 
Coroner's   warraut,   of,   §    1519. 
Notice  of  appeal,  of,  §  1241. 
Notice  of  application  for  bail,  of,  §  1274. 
Prisoner,  on,  §   1609. 
Search-warrant,  of,   §§   1530-1532. 
Subpoena,  of,   §   1328. 


932  SERVICE— SHERIFF. 

Summons  on  corporations,  of,  §  1392. 
Warrant  of  arrest  by  telegraph,  of,  §  850. 
Warrant  of  arrest  in  another  county,  of,  §  820. 
Writ  of  habeas  corpus,  of,  §   1478. 

SERVITUDE:   See  Involuntary  Servitude. 

Holding  one  in  involuntary,  a  felony,  §  181. 

SETTING  FIRE:  See  Fire. 

SHADE  TREES,  injuring,  §  622. 
See  Trees. 

SHARE  OF  STOCK:  See  Corporations. 

SHELLFISH:  See  Game  Laws. 

SHERIFF,  absence  of,  commitment  may  be  to  peace  officer, 

§   863. 
Answerable  for  safe-keeping  of  federal  prisoners,  §  1602. 
Arrested  pe*rson,  delay  in  taking  before  magistrate,  §  145. 
Commitment  to,  for  examination,  form  of,  §  863. 
Compensated  for  transporting  prisoners  to  state  prison, 

§    1586. 
Compensation  for  conveying  prisoners  or  insane  persons, 

p.  691,  Stats. 
Death  sentence,  duty  respecting,  §§  1229,  1230. 
Duty  of,  on  receiving  copy  of  judgment  of  imprisonment, 

§    1216. 
Puty,  where  certificate  of  probable  cause  served,  §§  1244. 

1245. 
Escape,  suffering  convicts  to,   §   108. 
Fine,  neglecting  to  pay  over,  §  427. 
Food,  .bedding  and  clothing  for  prisoners,  §  1611. 
Gaming,  duty  in  regard  to,  §  335. 
Grand  jury,  to  summon  special,  when,  §  909. 
Guard  for  jail,  sheriff  may  employ,  when,  §  1610. 
llair-cutting   of   persons    convicted    of    misdemeanor,    § 

1615. 
Hair,  act  relating  to  cutting  of,  §  1615,  note. 
Jail,   to   keep,   §    1597. 

May    command   persons   to    assist  in   overcoming   resist- 
ance to  process,  §  723. 
Peace  officer,  sheriff  is,  §  817. 
Persons  duly  committed  to  receive,  §  1611. 
Photographs  of  convicts  to  be  furnished  to,  p.  583,  Stats. 
Posse  coniitatus,  refusing  to  join,  §  150. 


SHERIFF— SHIPPING.  033 

Posse  comitatus,  supervisors  authorized  to  pay  cost;?  and 
expenses  of,   p.   723,  Stats. 

Prisoners  committed  by  United  States  courts,  to  receive 
§  1601. 

Prisoners,  civil,  not  to  receive  unless  expenses  provided, 
§   1612. 

Refusal  to  receive  or  arrest  person  charged  with  crime, 
§    142. 

Service  on  for  prisoner,   §   1609. 

Support  of  prisoner  arrested  on  civil  process,  §  1612. 

Warrant   for   execution   of   death   sentence   to   be   deliv- 
ered  to,   §   1217. 

Warrant  of  arrest  directed  to,  §  818. 

SHIPPING,  adrift,  setting  vessels,  §  608. 

Ballast,   throwing  overboard  a  misdemeanor,  §  613. 
Bill  of  lading:     See  Bill  of  Lading. 
Bill  of  lading,  etc.,  fraudulent  issue  of,  §§  577-580. 
Boilers,  ignorantly  or  negligently  using,  punishment  of, 

§§    348,    368. 
Buoy  or  beacon,  removing,  §  609. 
Buoys  and  beacons^  protection  of,  p.  573,  Stats. 
Buoy  or  beacon,  mooring  vessel  to,  §  614. 
Defacing  marks  on  wrecked  property,  §  355. 
Definition  of  vessel,  §  7. 
Destroying  or  injuring  vessel,  §§  539,  540. 
Engines,  ignorantly  or  negligently  using,  §§  348,  368. 
Fraudulent  invoice,  register,  protest,  etc.,  §  541. 
Invoice,  false,  §  541. 
Jurisdiction  of  offense  on- vessel,   §   783. 

Manifest,  false,  §  541. 

Mismanagement  of  steamboat,  §§  348,  368. 

Obstructing    navigation   or    throwing,  overboard   ballast, 
etc.,   §  613. 

Piloting,  unlicensed,  §  379. 

Police   regulations    of   San    b'rancisco    Harlx)!-,    violating, 
■  §  643. 

Quarantine  regulations,  violating,  §   376. 

Racing,   punishment  of,  §  348. 

Seamen,  enticing  to  desert,  §  644. 

Seamen,   harboring  deserting,   §   645. 

Vessel,   defined,   §    7.- 

Wharfage,  collecting  unlawfully,   §   642. 

Wrecked  property,  detaining  after  salvage  paid,  §  544. 


93J  SHIPPING— SODOMY. 

Wrecked  property,   taking  or  having  possession,  unlaw- 
fully,  §  545. 
Wrecking  vessel,   §§   539,   540. 

SHOOTING:      See   Game. 

Entering  inclosure  to  hunt  without  permission,  §  602. 
Tearing  down  notice  prohibiting  shooting,  §  602. 

SHORTHAND  REPORTER:     See  Stenographic  Eeporter. 

SHRIMPS,  closed  season,   §  628. 

Possession,  purchase  or  sale  during  closed  season,  §  628. 

SICK  JUROR,  proceedings  in  case  of,  §§  1123,  1139. 

SIGNAL  in  coast  survey,  injuring,  §  615. 

SIGNAL  LIGHT,  masking,  removing,  etc.,  §  610, 
Willfully   exhibiting,   punishment  of,   §   610. 

SIGNATURE  defined,  §  7. 

Mark,  by,  how  made,  §  7. 

Meaning  of,   §   7. 

Obtaining  by  threats,   §   522. 

SIGN-BOARD  forbidding  hunting,  tearing  down,  §  602. 

SINGULAR  iucluded  in  plural,  §  7. 

SISKIYOU  COUNTY,  act  concerning  marks  and  brands  in, 
continued  in  force,  §  23. 
Act  concerning  trout  in,  continued  in  force,  §  23. 

SLAVERY.     Bartering  in  ownership  of  person,  §  181. 
Involuntary   servitude,    §    1-81. 
Jurisdiction     of     offense    of   kidnaping    for   purposes   of, 

§   784. 
Kidnaping  for  purpose  of,  §  207. 

SMITH'S  RIVER.     Limits  of  tide-water,  §  634. 

SOCIETIES:     See  Secret  Societies. 

Wearing  badge  of,  a   misdemeanor,   §  538b. 

SOCIETY  FOR  PREVENTION  OF  CRUELTY  TO  ANI- 
MALS:     See  Cruelty   to   Animals. 

SOCIETY  FOR  PREVENTION  OF  CRUELTY  TO  CHIL- 
DREN. Fines  in  prosecutions  instituted  by,  go 
to,  §  273c. 

SODOMY,  assault  with  intent  to  commit,  §  220. 
Penetration,  what  sufficient,  §  287. 
Punishment   of,    §   286. 


SOLDIERS'     HOME— STATE.  935 

SOLDIERS'  HOME,  liquors,  sale  of  within  one  mile  and  a 

half  of,  §   172. 
Sale  of  liquor  near,  act  relating  to,  §  172,  note;  p.  622 
Stats. 

SONG,  obscene,  §  311. 

SONOMA   CREEK.      Act   to   prevent   destruction   of   fish   in 
Sonoma  Creek  continued  in  force,  §  23. 

SPECIAL  LAWS,  organization  and  regulation  of  police  gov- 
erned by,  §  719. 

SPECIAL  PROCEEDING,  affidavits,   entitling,   §   1563. 
Parties  to  designated,  how,  §  1562. 
Subjioena,  §   1564. 

SPEEDY  TRIAL,    right   to,   §   686. 

SQUIRREL,  hunting,   §   626g. 

STABLES:      See  Livery-stable  Keeper. 

STAMP.       False   weight,  stamjiing  on   casks,   etc.,  a  misde- 
meanor, §  554. 

STATE        Abducting    person    out    of    state    and    bringing 

within,  §  207. 
Crimes   committed   out   of  state,   when   punishable   in,   § 

27. 
Cutting  growing  trees  upon  state  land,  §  603. 
Destroying  and  tearing  down  notices  of,  punishment  of, 

§   616. 
Embezzlement  out  of  state,  jurisdiction  where  property 

brought  in,  §   789. 
Fish  law,  costs  of  trial  of  persons  violating,  to  be  borne 

by  state,  p.  602,  Stats. 
Gathering  pitch  from  trees  on  state  land,  §  603. 
Includes  what  political  divisions,  §  7. 
Larceny  out  of  state,  jurisdiction  where  property  bronglit 

in,  §  789. 
Leaving  to  evade  law  against  dueling,  §  231. 
Offense  committed  partly  within  state,  jurisdiction  over, 

§  778a. 
Person  out  of  state,  aiding  crime   within  state,   punish- 
ment of,  §  778b. 
Prison  directors  cannot  incur  debt  binding  on,  §  1585. 
Property,  ])utting  notices,  advertisements,  etc.,  on,  §  602. 
Receiving  stolen  goods  out  of  state,  jurisdiction  where 

brought  in,  §  789. 


936  STATE    ARMS— STOCK. 

STATE  ARMS,  having  or  selling,   §§  442,  443. 

STATE  CAPITOL:     See  Capitol. 

Liquor,  sale  of  within  or  within  grounds  of,  §  172. 
Sale  of  liquors  within  building,  act  relating  to,   §   172, 
note. 

STATEMENT  on  appeal  to  superior  court,  §  1468. 

STATE   PRINTER,   corrupt   collusion   of,   in  regard   to   sup- 
plies,  punishment   of,   §   100. 
Punishment   of,   where  he   becomes  interested    in    state 
printing,  §§  99,  100. 

STATE  PRINTING,  superintendent  of,  not  to  be  interested 
in  printing,  §§  99,  100. 

STATE  PRISON:     See  Prison. 

Effect  of  code  on  statute  respecting,  §  23. 

STATE'S  EVIDENCE,  §§  1099-1101. 

STATE  TREASURER,  violation  of  law  by,  §  441, 

STATE  VETERINARIAN,  act  creating,  p.  561. 

STATUTE:      See   Code;  Legislature. 

Alteration  of  legislative  bill:     See  Legislature. 

Code  cited,  how,  §  24. 

Continued   in   force,  enumeration  of,   §   23. 

Pleading,  a  private,  §  963. 

"Section,"  meaning  of,  §  7. 

STAY,   appeal   as,   §§   1243-1245. 

Appeal  b}'  people,  effect  of,  as,  §  1242. 
Certificate  of  probable  cause,  operates  as,  §  1243. 
Pending  examination  on  commission,  §  1354. 
Proceedings,    stay   of,    pending    return     of     commission, 

§  1354. 
When  doubt  arises  as  to  sanity  of  defendant,  §  1368. 

STEAMBOAT,  mismanagement  of,  §§  348,  368. 

Police,  appointment  of  to  serve  on,  p.  652,  Stats. 

STEAM-BOILER,  mismanagement  of,  §§  348,  349,  368. 

STENOGRAPHER,  judicial  officer  receiving  part  of  salary, 
§   94. 
Paying  fees  to  judge,  punishment  of,  §  94. 

STOCK:      See   Corporation. 

Fraud  to  affect  price,  §  395. 


STOCKHOLDER— SUICIDE.  937 

STOCKHOLDER:      See   Corporation. 

STOCKRAISERS,  act  to  protect,  in  certain  counties  contin- 
ued in  force,  §  23. 

STOLEN  GOODS,  receiving:     See  Larceny. 

STREAM:      See   Waters. 

STREET,  dead  animal,  putting  in,  §  374. 
Injury  to,  §  602. 

Injuring   trees   or  plants  on,   §   622. 
Obstructing,   §    370. 

STREET  RAILWAY.     Intoxication  of  employees,  ?  391. 

SUBORNATION  OF  PERJURY,  §§  127,  128. 
Indictment  or  information  for,  §  966. 

SUBPOENA,  blank,  duty  of  clerk  to  issue,  §  1326. 
Contempt  in  disobeying,   §  1331. 
Coroner,   by,    §    1512, 
Defined,   §   1326. 

Deposition,  to  compel  attendance  to  take,  §  1342. 
Form  of,  §  1327. 
Habeas  corpus  hearing,  §  1484. 
Justice. or  police  judge  may  issue,  §  1459. 
Justice  or  police  judge  may  punish  disobedience,  §  1459. 
Police  court,  in,  §   1459. 
Preliminary  examination,  on,  §  864. 
Served,  how  and  by  whom,  §  1328. 
Service,  return  of,  §  1328. 
Special  proceedings,  in,  §  1564. 
Who   may   issue,  §   1326. 

Witness   disobeying,   civil   liability  of,  §   1331. 
Witness  out  of  county,  §  1330. 

SUBSCRIBING  WITNESS:     See  Witnesses. 

SUBSCRIPTION,  includes  mark,  §  7. 

SUBSTITUTION  of  one  infant  for  another,  §  157. 

SUCCESSION,  fraudulent  pretenses  relative  to  birth  of  in- 
fant, §   156. 

SUCCESSOR,  refusal  of  public   ofScer   to   surrender  records 
to,   §   76. 

SUFFRAGE:     See  Elections. 

SUICIDE,  aiding  or  encouraging,  §  401. 


938  SUIT— SUPREME    COURT    JUSTICE. 

SUIT,  conspiracy  to  maintain,  §  182. 

Willfully  delaying  by  attorney,  §  160. 

SUMMARY  PROCEEDINGS,  removal  of  officers  by,  §  772. 

SUMMONS,     Corporation,  to,  §§  1390-1392. 

Corporation     committing    offense,    summons   to   issue,   § 

1427. 
Corporation  committing  offense,  summons,  service  of  and 

proceedings  on,  §  1427. 
Form  of,  §  1391. 

Of  legislature,  refusing  to  ojjjey,  §  87. 
Service  of,  §   1392. 

See  Process;     Service. 

SUNDAY,  keeping  open  barber  shop  or  working  as  barber 
after   12  o'clock,   §  3101/^. 
Baking  on   Sunday,  act   prohibiting,   p.   722. 
Day  of  rest  from  labor,  act  providing  for,  p.  722. 

SUPERINTENDENT  of  state  printing,  fraud  and  collusion 
by,  §  100. 
Not  to  be  interested  in  contracts,  §  99. 

SUPERIOR  COURT,  appeals  to,  §§  1466-1470. 
Indictment,  etc.,  must  be  filed  in,  §  890. 
Judge  of,  liable  to  impeachment,  §  737. 

SUPERIOR  COURT  JUDGE  is  magistrate;  §  808. 
Impeachment  of,   §   737. 

Proceedings     on     indictment    or    information   against,    § 
1029. 

SUPERVISORS,  bribery  of,  §  165. 

Jury-rooms,  duty  to  provide,  §  135. 

Jury-rooms,    proceedings    where    supervisors    neglect    to 

provide,  §  1135. 
Posse  comitatus,  authorized  to  pay  expenses  of,  p.   723, 

Stats. 
President,  consent  to  employment  of  child  as  musician, 

§  272. 
Receiving  bribe,  punishment  of,  §  165. 
Sparring  exhibitions,  may  permit,   §  412. 
Voting  for  ordinance   permitting  gambling,   punishment 

of,  §  337. 

SUPREME   COURT   JUSTICE,   governor  may  require   opin- 
ion of,  as  to  judgment  of  death,  §  1219. 
Is  magistrate,  §  808. 


SURETY— TELEGRAPH.  939 

SURETY:  See  Bail. 

False  personation,  §  529. 
Two  on  bail  bond,  §  1278. 

SURGEON,   attendance   at  coroner's  inquest   and  compensa- 
tion of,  p.  585,  Stats. 

SWEARING:      See  Profane  language. 

SWITCH-TENDER,  violation  of  duty  by,  §  393. 

SYRUP,     adulterated,   sale    of,   punished   and   prohibited,   p. 

551,   Stats. 

TAX:     See  Assessor. 

Board  of  examiners,  violating  duty,  §  441. 

Books  of  collector,  refusal  of  inspecting,  §  440. 

Collection,  obstruction  of,  §  428. 

Controller,  violating  duty,  §  441. 

Employees,   refusal   to   give   names   of,   to   tax   collector, 
§    434. 

False  statement  in  reference  to,  §  430. 

Poll  tax,  false  receipt  for,  §  432. 

Poll  tax,  receipt  for,  §§  431,  432. 

Receipt,  collecting  without,  a  misdemeanor,  §  431. 
•    Receipt,    inserting     more    than   one    name   in,   a   misde- 
meanor, §  431. 

Receipts,   possessing   other   than   those   allowed   by   law, 
§  432. 

Treasurer,  state,  violating  duty,  §§  441. 

TEACHER,  abuse  of,  §  C54. 

TECHNICAL  WORDS,  construction  of,  §  7. 

TELEGRAPH.     Altering  message,  punishment  of,  §  620. 
Arrest  by,  §§  850,  851. 
Bribing  operator  or  employee,  §  641. 
Burning  poles,  §  600. 
Conspiracy  to  send  message,  §  474. 
Crime  or  fraud,  message  aiding  or  furthering,  §  638. 
Disclosing  message,  punishment  of,  §  619. 
Employee   using  information   from   message,   §  639.' 
Forgery  of  message,  §  474. 
Fraud,  procuring  message  by,  §  6B1. 
Injury  to  or  obstruction  of  lines,  §  591. 
Learning  contents  of  messages,  §  640. 
Message,  altering,  §  620. 
Message,  clandestinely  learning  contents,  §  640. 


940  TELEGRAPH— THREAT. 

Message,  delay  or  neglect  to  send,  §  638, 

Message,  disclosing  contents  of,  §  619. 

Message,  employee  using  information  or,  §  639. 

Message  need  not  be  delivered  until  charges  paid,  §  638. 

Message,  opening,  §  621. 

Message,   refusal,   neglect   or  postponement   of   delivery, 

§  638. 
Message,  sending  out  of  order,  §  638. 
Messages,  what  need  not  be  sent,  §  638. 
Obtaining  message  by  false  personation,  punishment  of, 

§    621. 
Opening   of,  §   621. 
Operator,  intoxication  of,  §  391. 
Sending  false  message  by,  §  474. 
Serving  warrant  of  arrest  by,  §§  850,  851. 

TELEPHONE.     Altering  message,  §  620. 

Bribing  operator  to  disclose  message,  §  641. 

Disclosing  message,  §  619. 

Employee  using  information  from  message,   §   639. 

Fraud,  procuring  message  by,  §  621. 

Injury  to  or  obstruction  of  lines,  §  591. 

Learning  contents  of  message,  §  640. 

Messages  need  not  be  sent  unless  charges  paid,  §  638. 

Message,  sending,  delay  or  refusal,  §  638. 

Message,  sending  out  of  order,  §  638. 

Messages,  what  need  not  be  sent,  §  638. 

Opening  of,  §   621. 

Sending  false  message  by,  §  474. 

TELLER  of  insolvent  bank,  receipt  of  deposits  by,  §  562. 
Of  savings  bank  overdrawing,  §  561. 

TENANT,  guilty  of  embezzlement,  when,  §  507. 

TENSE  of  words  in  code,  §  7. 

TERRITORY,  state  or  United  States  may  include,  §  7. 

TESTIFY   includes   what,   §    7. 

TESTIMONY:    See   Evidence. 

THEATERS,  employing  women  to  sell  liquor  at,  §  303. 
Liquors,  sale  of  at,  a  misdemeanor,  §  303. 
Tickets,  selling  for  a  premium,  §  526. 
See    Copyright. 

THREAT:    See    Extortion. 

As  afPecting  liability,  §§  26,  31. 


THREAT— TIME.  941 

Influencing  elector  by,  §  53. 

To  influence,  juror  or  referee,  §  95. 

Using,  with  intent  to  extort  money,  §§  523,  524. 

What  may  constitute  extortion,  §  519. 

THREATENED  OFFENSE,  and  proceedings  thereon,  §§ 
701-714. 

THREATENING      LETTERS,      sending,     offense     complete, 
when,    §    660. 
Sending,   §   650. 
Sending,  with  intent  to  commit  extortion,  §  523. 

TICKET:   See  Carriers;  Railroads;  Elections. 
Selling  theater  tickets  at  a  premium,  §  526. 

TIMBER,  defacing  marks  on,  §  356. 
Firing,   §   384. 
Injury  to,  §  602. 
Logs,  driving  substance  into,  p.  633,  Stats. 

TIME,  accusation  against  officer  by  private  person,  time 
of  hearing,   §   772. 

Accusation,  time  to  appear  and  answer,  §  760. 

Appeals,  time  for  hearing  and  determining,  §   1252. 

Appeal,  time  in  which  to  be  taken,  §  1239. 

Appearance  of  corporation,  time  for,  §  1390. 

Challenge,  time  to  take,  §   1068. 

Code   takes   effect,   when,   §   2. 

Defendant  to  be  brought  to  trial  within  sixty  days. 
§  1382. 

Demurrer,   time  to   put  in,   §   1003. 

Demurrer,  time  to  hear,   §   1003. 

Information,  time  of  filing,  §  809. 

Judgment  in  justice's  or  police  court,  time  for,  §   1449. 

Judgment,   time   for   pronouncing,   §    1191. 

Month   defined,   §   7. 

Motion  to  arrest  judgment,  §§  1185,  1450. 

New  trial,  application  for,  §  1182. 

Notice  of  application  for  deposition,  §  1353. 

Notice    of    motion   to    dismiss    appeal,    §    1248. 

Offense,  of  committing,  need  not  be  stated  iu  indict- 
ment, §  955. 

Plea,   time   to   put   in,   §   1003. 

Search-warrant,  time  for  executing  and  returning,  § 
1534. 

Service  of  articles  on  defendant  in  impeachment  pro- 
ceedings, §  740. 


942  TIME— TRAIN-WRECKING. 

Service  of  summons  on  corporation,   §   1392. 
Statement  of  in  indictment  or  information,  §  955. 
Transmission  of  papers  to  supreme  court,  §  1246. 

TITLE,  affidavit,  defect  in  or  want  of,  effect  of,  §  1401. 
Appeal,  title  of  action  not  changed  on,   §    1236. 
Claim  of,  defense  to   embezzlement,   §   511. 
Deposition,  defect  in  or  want  of,  effect  of,  §  1401. 
Of  code,   §    1. 

TOBACCO,  sale  of  to  infants  under  sixteen,  §  308. 

TOLL,  bridge,  crossing  without  paying,  §  389. 

Bridge,  fast  riding  or  driving  on,  punishment  for,  §  388. 
Collecting  unlawfully,   §   642. 
Gate,  malicious  injury  to,   §  589. 
House,   malicious   injury  to,   §   589. 

TOLL   ROAD,    maintaining   without    authority,    §    386. 

10MB:   See  Cemetery. 

TON  of  hay,  coal,  etc.,  to  be  full  weight,   §  555. 

TOOLS,  having  burglarious,  §  466. 
Having  counterfeiting,   §   480. 

TRADEMARK,  counterfeit,  selling  goods  that  contain,  § 
351. 

Counterfeited,    defined,    §    352. 

Counterfeiting,  §  350. 

Defacing,  §  354b. 

Defined,    §   353. 

Destroying,   §   354b. 

False  imprint,  stamp  or  label  on  produce  or  manufac- 
tured  goods,    p.    633,    Stats. 

Forged    trademark    defined,    §    352. 

Forging,  imitating,  etc.,  a  misdemeanor,   §   350. 

Quicksilver   stamp,   counterfeiting,   §   366. 

Refilling  casks,  bottles,  etc.,  bearing  trademark,  §§  354, 
354a. 

Sale   of  casks,   etc.,  bearing  a  trademark,   §   354a. 

Search-warrant,    §    1524. 

TRADE  UNION,  coercion  of  employee  not  to  join,  a  mis- 
demeanor, §  679. 

TRAIN   DISPATCHER,   intoxication  of,   §   391. 

TRAIN   WRECKING,    §    218. 


TRANSCRIPT— TRIAL.  943 

TRANSCRIPT,  printing,  transmitting,   and  serving,   §   1246. 
To  contain  what,  §  1246. 

TRAPPING:    See   Game   Laws. 

TREASON  defined,   §   37. 

Evidence  necessary  to  convict,  §   1103. 

Indictment  or  information,  overt  acts  to  be  alleged  in, 

§  1103. 
Jurisdiction    of,    when    committed    out    of    state,    §    788. 
Misprision'  of,  defined,  §  38. 
Misprision  of,  punishment,  §   38. 
Overt  act,   evidence  of,  §   1103. 
Pardon   of,    §§    1417,    1418. 
Petit,  distinction  abolished,  §  191. 
Petit,  punishment  of,  §   191. 
Punishment,   §   37. 
Who   can   commit,   §   37. 

TREASURER,  state,  offenses  by,   §   424. 
Impeachment,  liable  to,   §   737. 
Violation    of    law    by,    a    felony,    §    441. 
See  County  Treasurer. 

TREE:    See   Timber. 

TRESPASS,    conspiracy   to   commit,   §    182. 

Gathering   pitch    from    trees    on    public    land,    §    603. 
Hunting,    §    627. 

Hunting  on  inclosed  land,  act  to  prevent,  p.   599. 
Malicious,    to    freehold,    a    misdemeanor,    §    602. 
Realty,   on,   in   general,   §   602.  • 

Tearing  dowp  fence  to  make  passage  through  inclosure, 
p:   598,   Stats. 

TRIAL:   See  Jury. 

Acrpiit,  advising  jury  to,  §  1118. 

Admonition  of  jury  on   adjournment,   §    1122. 

Appearance    of    defendant    at    verdict,    §    1148. 

Argument  of  counsel,  order  of,   §   1093. 

Arrest  of  defendant   at,   §    1129. 

Calendar,   jircparation    of,    §    1047. 

Calendar,   order   of   disposing  of   issues  on,    §    1048. 

Committing  defendant  at,   §    1129. 

Continuance,   when    mny   be   granted,   §    1052. 

Conviction,   proceedings  on,   §   1166. 

Conviction    procured    by    perjury,    §    128. 

Corporation,  appearance  by,   §   1396. 


Costs:   See   Costs. 

Counsel,  number  of  who   may  argue,   §   1095. 

Defendant    discharged,    that    he    may   be    a    witness,    §§ 

1099-1101. 
Defendant  entitled  to  two  days  to  prepare  for,  §   1049. 
Defendant    to    be    brought    to    trial    within    sixty    days, 

§  1382.  ^        y  ^ 

Detaining   defendant   after   acquittal,    §    1165. 
Discharge    of    defendant    after    acquittal,    §    1165. 
Discharge    of    defendant    that    he    mav-  be    witness,    §§ 

1099-1101. 
District  attorney  absent,  substitute,  §   1130. 
Errors,   immaterial,   in   general,   effect   of,    §    1404. 
Errors,   not   prejudicial,   effect    of,    §    960. 
Evidence,   order   of   introducing,    §    1093. 
Exceptions  may  be  taken,  in  what  cases,  §§   1170,  1173. 
Imprisoned  person,  how  brought  before  court,  §   1567. 
Insanity,    proceedings    on    acquittal    for,    §    1167. 
Issue:   See   Issue. 
Joint   defendants,   verdict   as   to   some,   new   trial   as   to 

others,  §   1160. 
Jurisdiction,   proceedings   when   court  has   not,   §§   1114- 

1116. 
Jury,   advising   to   acquit,    §    1118. 

Jurj-  discharged  for  want  of  jurisdiction,   §§   1113-1115. 
Jury   discharged,  retrial   of   cause,   §    1147. 
Jury,    discharge    of,    when    facts    do    not    constitute    of- 
fense,  §§   1113,   1117. 
Justice's  court,  in:  See  Justice's  Court. 
Law,   court*  to   decide   questions   of,   §    1124. 
Lesser  offense  or  attempt,   conviction  of,  §  1159. 
Libel,  jurv  to  determine  law  and  fact,  §  1126. 
Order  of,*§  1093. 

Order  of,  may  be  departed  from  when,  §   1094. 
Place   of,   changing:    See   Venue. 
Postponement,  ordered,  when  and  how,   §   1052. 
Presence  of  defendant  at,  §   1043. 
Prior   conviction  not  to  be  read   to  jury  or   alluded   to, 

§   1025. 
Proceedings   where   jury   discharged  because   no   offense, 

§   1117. 
Public,  right  to,  §  686. 

Reasonable   doubt,   acquittal  in   case  of,   §   1096. 
Eeasonable    doubt    as    to    degree    convicts    only    of    the 

lowest,   §   1097. 


TRIAL— UNIVERSITY    OF    CALIFORNIA.  945 

Separate    of    joint    defendants,    §    1098. 
Speedy,   right   to,    §    686. 
State's   evidence,   §§    1099-1101. 
Verdict:    See   Verdict. 
View   of  premises,   §   1119. 

See  Jury. 
TROOPS:   See  Militia. 

TROUT:  See  Game  Laws. 

TRUSTEES,  bribery  of  board  of,  §  165. 
Embezzlement,   when   guilty   of,   §   506. 

TULARE    COUNTY,    act    to  protect    stock-raisers    in,    con- 
tinued in  force,   §   23. 

UMPIRE:   See  Arbitrator. 

UNDERTAKING:  See  Bail. 

Peace,  to   keep,   §§   701-714. 

Peace,  to  keep,  filing,  §  709. 

Peace,   to  keep,  when  and  how  prosecuted,   §§   712,  713. 

Peace,   to   keep,   v>'hen   broken,    §   711. 

Return  of  to   clerk,   §    883. 

Witness,   of,   at   preliminarj''   examination,    §§    878-882. 

Witness,  to  appear,  forfeited  by  nonappearance,  §  1332. 

UNINCORPORATED    ASSOCIATIONS,    wearing    badge    of 

without  right,  §  538b. 

UNITED  STATES  includes  what,   §   7. 
Defacing  notice  of,  §   616. 
Prisoners,    committing   in    county   jail,    §§    1601,    1602. 

UNITED    STATES    COAST    SURVEY,    injuring    posts,    sig- 
nals,  etc.,   of,   a   misdemeanor,   §   615. 

UNITED  STATES  FLAG,  desecration  of  prohibited,  p.  607, 
Stats. 

UNITED  STATES  JUDGES,  offenses  against,  p.  582,  Stats. 

UNITED     STATES     SENATOR,    candidate    for    advancing 
money  for  election  purposes,  §  63. 
Candidate    or    member    of    legislature    receiving    money 
from    candidate    for,    §    63a. 

UNIVERSITY  OF  CALIFORNIA,  liquor,  sale  of  within  ono 
mile  prohibited,  §  172. 
Pen.  CorIe-60 


946  UNLAWFUL.   ASSEMBLY— VENUE. 

UNLAWFUL  ASSEMBLY,   §§-407-410. 
Defined,  §  407, 

See   Eiot;   Eout. 

USURPATION   of    public   office,    §    7i5. 

USURY,  by  pawnbrokers,  §  340. 

VAGRANT,   who   is   a,    §   647. 

VALUE,  how  estimated  in  determining  crime,   §   678. 
Passage    tickets,    on    charge    of    larceny,    §    493. 
Practicing  fraud  to  affect  market  value,  a  misdemeanor, 

§   395. 
Written  instruments,   of,  in   larceny,   §§  492,  494. 

VARIANCE,  acquittal  on  ground  of,  effect   of,   §   1021. 

Detaining    defendant    after    acquittal    on    ground    of,    § 

1165. 
In  indictment  and   proof,   §   1021. 
Verdict,   form   of   when   defendant   acquitted   on   ground 

of,   §    1151. 

VEHICLE,  temporarily  taking  without  consent,  §  499b. 

VENDOR    AND    VENDEE,    married    persons    selling    lands 
under  false  representations,  §  534. 
Sale  of  land  twice,  a  felony,  §  533. 

VENUE,  application  for  change  of,  how  made,  §  1034. 

Authority  of  court  to  which  action  removed,  §   1038. 

Change  of,  application  for,  how  made,  §  1034. 

Change  of,  application,  hearing  had  in  absence  of  de- 
fendant   when,    §    1034. 

Change  of,  application,  hearing  of  and  affidavits,  § 
1034. 

Change   of,   grounds   for,   §   1033. 

Change   of,   granted  when,   §   1035. 

Change   of,   proceedings   to   obtain,    §    1034, 

Change   of,   transmitting  papers,   §    1038. 

District  attorney  may  move  for  where  jury  cannot  be 
obtained,  §  1033. 

Exception  to   refusal   to   grant,   §   1173. 

Impartial   trial,   change    for,    §    1033. 

Information  for  offense  triable  in  another  county,  pro- 
ceedings, §  827. 

Justice  or  police  court,  change  of,   §§   1431,   1432. 

Order  granting  change  of,   §§   1035,  1036. 


VENUE— VERDICT.  947 

Popular   prejudice,   hearing,   when   to   be   in   absence   of 

defendant,    §    1034. 
Proceedings  on  change  of,  §§  1037,  1432. 
Bemoval  of  action,  order  for,  §  1036. 
Removal    of    action,    proceedings    on,    if    defendant    in 

custody,   §   1037. 
When   granted   in   justice's   or   police   courts,    §   1431. 
When  granted,  papers  to  be  transmitted,   §   1432. 
When  offense  is  commenced  out  of  state,  §  778. 

VERDICT,  agreement  of  jury,  proceedings  on,  §  1147. 
Appearance    of    defendant,    §    1148. 
As  to  some,  new  trial  as  to  others,  §  1160. 
Conviction,  necessary  to,   §   689. 
Conviction,   proceedings   on,   §    1166. 
Coroner's,  §  1514. 

Court,  jury  may  decide  in  or  retire,  §  1128. 
Declaring,  §   1149. 

Degree  of  crime,  jury  to  find,  §  1157. 
Detaining  defendant  after  acquittal,   §   1165. 
Discharge   of   defendant   after   acquittal,   §    1165. 
Former  conviction   or  acquittal,   verdict   on,   §    1151. 
Form  of,  §§  1151,  1158. 
General,    §    1151. 
General  or  special,  §   1150. 
Informal,  judgment  on,   §   1162. 

Insane,   proceedings   where    defendant   found,    §    1370. 
Insanity,    acquittal    on    grounds    of,    proceedings    after, 

§   1167. 
Insanity,    form    of   verdict   of    acquittal    on    ground    of, 

§   1151. 
Justice's  court,  in,   §§   1441-1443. 

Lesser  offense,  may  convict  of,  or  of  attempt,  §  1159. 
Manner  of  taking,   §   1149. 
Polling  jury,   §    1163. 
Prevented,  trial  of  cause  again,  §  1141. 
Previous   conviction,   finding  on,   §    1158. 
Proceedings,   if   any   juror   disagrees,    §    1164. 
Proceedings  where   all   jurors   do   not   appear,   §    1147. 
Proceedings   where    jury   liave   agreed,    §    1147. 
Promise  to   give  a,  §  96. 

Reconsideration   of,   may  be  ordered,   when,   §    1161. 
Recording,   §   1164. 
Retirement,  in,   §    1128. 
Return   of  jury,  proceedings  on,   §   1147. 
Special,  defective,  etc.,  new  trial  ordered,   §   1156. 

31 


948  VERDICT— WAIVER. 

Special,  defined,  §  1152. 
Special,   essentials   of,   §    1152. 
Special,  form  of,   §   1154. 
Special,  judgment  on,   how  given,   §   1155. 
Special   or   general,    §    1150. 
Special   verdict,   proceedings   on,   §   1166. 
Special,  rendered,  how,  §   1153. 
Taken    how,    §    1149. 

To  state  offense  where  several  offenses  charged,  §   954. 
Variance,   form   of   verdict    of   acquittal    on    ground   of, 
§   1151. 

VESSEL,  includes  what,  §  7. 

Maliciously  injuring  or  setting  adrift,  §  608. 

Mismanagement  of,   §§  348,  368. 

Throwing    ballast    overboard    from,    a    misdemeanor,    § 

613. 
Using  for  lottery  purposes,  a  misdemeanor,  §  326. 
See  Shipping. 

VETERANS,   sale   of   liquors  in  immediate   vicinity   of   sol- 
diers'  home,    §    172;    act   to   prevent,   p.    622. 
Unlawfully  wearing  badge   of  grand   armv,   punishment 
of,  p.  611. 

VETERANS'  HOME;  See  Soldiers'  Home. 

VETERINARIAN,  state,  act  creating,  p.  561,  Stats. 

VICE-PRESIDENT,  offenses  against,  p.   582,  Stats. 

VIEW  OF  PREMISES,  §  1119. 

VITRIOL,  throwing  on  person,  §  244. 

VOTERS  AND   VOTING:    See   Election. 

VOUCHER,  duplicate  to  be  marked,  §  580. 
Fraudulent    issue,    §§    577-580. 
Presenting  fraudulent  to  public  officer,  §  72. 

WAGER:   See  Gambling. 
Elections,  on,  §  60. 

WAGES,   saloon,   payment   in,   §   680. 
See   Salary. 

WAIVER,  defects  in  indictment  or  information,  waiver  by 
failure  to  demur,  §   1185. 
Jury,  waived,   how,  §   1435. 
Jury,    manner   of,    §    1042. 


WAR— WARRANT    OF   ARREST.  949 

WAR:   See  Insurrection. 

Courts-martial,   authority  of,   code  -preserves,  §   11. 

WARD:   See  Guardian  and  Ward. 

WAREHOUSEMAN,  pledge  by,  §§  581,  583. 
Sale  or  hypothecation  by,   §§  581,  583. 

WAREHOUSE   RECEIPT,   fictitious,   §  578. 
Duplicate,  failure  to  stamp,  §  580. 
Erroneous,  issued  in  good  taith,  §  579. 

WARRANT  OF  ARREST:   See  Arrest. 

Arrest  in  another  county,  taking  before  magistrate  of 
county  for  bail,   §   823. 

Arrest   made  with,  warrant   to   be  shown,   §  842. 

Arrest  made  with,  force,  §  843. 

Arrest,   when   must  issue,   §   813. 

Arrest  with,  duty  of  officer,  §§  829,  848. 

Arrest  without,  duty  of  person  making,  §  849. 

Bail:   See  Bail. 

Bail,  taking  of,  certifying  on  warrant,  §  823. 

Bench,  clerk  when  and  how  may  issue,  §  934. 

Bench,   form   of,   935. 

Bench,    how    served,    §    936. 

Bench,  issuance  of  where  defendant  on  aria'gnment  or- 
dered  into    custody,   §   986. 

Bench,  may  be  served  in  any   county,  §  936. 

Bench,  to  be  issued  on  presentment,  when,  §  933. 

Commitment  for  examination  made  by  indorsement  on, 
§  863. 

Coroner's,   form   of,    §    1518, 

Coroner's,  service  of,  §  1519. 

Coroner's,  when  to  issue,  §  1517. 

Cruelty  to  animals,  issuance  on  ('oiii])laint  of,  §  599a. 

Defendant  to  be  taken  before  nearest  magistrate,  §  828. 

Defendant  to  be  taken  before  magistrate  without  de-' 
lay,  §  825. 

Depositions,  what  to  contain,  §  812. 

Duty  of  officer  executing,  §  828. 

Examination  of  complainant  and  witnesses  on  informa- 
tion,  §   811. 

For  fugitive  from  justice,  §   1549. 

Forgery  of  state  or  county,  §  47U. 

Form  of,  §§   814,   1427. 

Indorsement  on,  for  service  in  another  county,  certifi- 
cate,  §   820. 


%3  WARRANT    OF   ARREST— WATER. 

Issued  on  application  for  writ  of  habeas  corpus,  §  1497. 

Must  be  shown,  when,  §  842. 

Must  issue,  when  commission  of  offense  feared,  §  703. 

Must  issue,  when  offense  has  been  committed,  §  813. 

Must  require  taking  before  .nearest  magistrate  when 
offense   triable   elsewhere,  §   827. 

Must    specify   what,    §    815. 

Name  or  description  of  defendant,  §  815. 

Offense  triable  in  another  county,  proceedings,  §  827. 

Proceedings  where  defendant  arrested  out  of  county  ad- 
mitted to  bail,   §  823. 

Proceedings,  when  defendant  taken  before  magistrate 
other  than  the  one  issuing,  §  826. 

Proceedings,  when  magistrate  issuing  cannot  act,  §  824. 

Procuring  maliciously,   §   170. 

Eeturn  of  to  clerk,  §  883. 

bearch:    See   Search-warrant. 

Service  by  telegraph,  §§  850,  851. 

Statement  of  offense,  §  815. 

To  be  delivered  to  magistrate  with  return,  §§  824,  827. 
828. 

To  be  directed  to  and  executed  by  peace  officer,  §  816. 

To  what  peace  officer  directed,  §§  818,  819. 

Unnecessary  to  arrest  of  persons  present  where  ani- 
mals or  birds  fighting,  §  597d. 

When  and  how  executed  in  another  county,  §  819. 

"When  must  issue,  on  complaint,  §  1427. 

WARRANT,  SEARCH:  See  Search-warrant. 

WATER,   bathing   in,    a   misdemeanor,   when,   §   374. 
Befouling,   §    374%. 
Coal  tar,  depositing  in,  §  374%. 
Commissioners '  act  continued  in  force,  §  23. 
Dead  animal,  putting  in,  §  374. 
Drawing   after  works   closed,   §   625. 
Drawing   off  from   a   canal,   ditch,   etc.,  a   misdemeanor, 

when,  §  592. 
Humboldt   Bay,    deposits   in,    §    612. 
Injuries   to   water  works,  a   misdemeanor,  §   607. 
Malicious  injury   to   works,   §§   592,   607,   624. 
Obstructing,  bj'  throwing  overboard  ballast,  etc.,  §  613. 
Obstructing   navigable   stream,   a   misdemeanor,   §   611. 
Obstructing    stream,    §    611. 


WATER— WHISKERS.  961 

Pipes,   injuring,   §   624. 
Poisoning,    §    347. 
.    Pollution    of,    §    635. 

Pollution  of  by  carcasses  or  offal,  §  374. 

Pollution  of  by  drainage,  §  374. 

Pollution   of   by   livestock,   §    374. 

Pollution  of,  failure  to  obey  rules  of  board  of  health  to 

prevent,  §   377b. 
Stealing,    §   499. 
Subterranean,   regulating   use   of   and   preventing   waste 

of,  p.  571,  Stats. 
Throwing   overboard   ballast   or   obstructing    navigation, 

§   613. 
Works,  injury   to,   §§   592,  607,   624. 

WATER  COMMISSIONERS,  effect  of  code   on   statute  cre- 
ating, §  23. 

>  WATER   COMPANY,  drawing  water  after   works   closed,    § 
625. 
Injuring  works,  §§   592,  607,  624. 

WATER-PIPES,  injuring  or  obstructing,  §  624. 
WAYS,  PRIVATE,  injuring,  §  588. 

WEAPON,  arrested  person,  may  be  taken  from,  §   846. 
Assault  with  deadly,   §§  245,  246. 
Bringing  to  or  in  vicinity  of  prisons,  etc.,  §  180a. 
Deadly,  exhibiting  in  rude,   etc.,   manner,   §   417. 
Deadly,  possession  of,  with  intent  to  assault,  §  467. 
Deadly,  using  unlawfully,  §  417. 
Indian,  sale  to,  §  398. 
State  arms,  having  or  selling,  §§  442,  443. 

WEIGHTS  AND  MEASURES,  false,  defined,  §  552. 
False,  using,   a   misdemeanor,  §§   552,  555. 
Putting  extraneous  substances  in  goods  sold  to  increase 
weight,  §   381. 

WELLS.     Regulating   use    and    preventing   waste   of   subter- 
ranean water,   p.  571,  Stats. 

WHARFAGE,  collecting  unlawfully,  §  642. 

WHISKERS,   wearing  false,  §   185. 


952  WHISTLE— WITNESS. 

WHISTLE,   engineer  crossing  highway  without   sounding,   a 
misdemeanor,  §   390. 

WHITTIER     STATE     SCHOOL,     commitments    to,    p.    686, 

Stats. 
Establishment,   maintenance   and  government  of,  p.  669, 

Stats. 
Evil-minded  persons  prevented  from  coming  on  grounds 

of,  p.  688,  Stats. 
Improvements  at,  p.  690,  Stats. 
Judge,  powers  of,  p.  686,  Stats. 

Maintenance  of  inmates  and  liability  for,  p.  686,  Stats. 
Procedure   on   commitments  to,  p.   686,  Stats. 

WILL  includes  codicil,  §  7. 
Forgery  of,  §  470. 

WILLFUL,  defined,  §  7. 

WINE,  fraud  in  manufacture  and  sale  of  prohibited,  p.  551, 
Stats. 
Sophistication    and    adulteration    of    prohibited,    p.    551, 

Stats. 

WITNESS:    See    Deposition;    Evidence. 

Absenting  himself,  receiving  bribe  for,  §  138. 

Bribery   of,   §§    137,    138. 

Codefendant  discharged  that  he  may  be,  §§  1099-1101. 

Commitment  on  refusal  to  give  security  for  appear- 
ance,  §   881. 

Compelling  attendance  from  out  of  county,  §   1330. 

Competency    of,   rules   for   determining,   §    1321. 

Concealing   evidence,  §   135. 

Conditional  examination,  affidavit,  application  is  made 
on,  §'  1337. 

Conditional  examination,  affidavit  for,  what  to  state,  § 
1337. 

Conditional  examination,  application,  to  whom  made, 
§    1338. 

Conditional  examination,  attendance  of  witnesses  en- 
forceable by  subpoena,  §   13-12. 

Conditional  examination,  deposition,  objections  to,  § 
1345. 


Conditional  examination,  deposition  to  be  sealed  and 
transmitted   to   clerk,  §    1344. 

Conditional  examination,  deposition,  when  may  be  read 
in  evidence,  §   1345. 

Conditional  examination,  if  facts  disproved  examina- 
tion not  to  continue,   §   1341. 

Conditional  examination,  in  absence  of  district  attor- 
ney,  §   1340. 

Conditional  examination  may  be  had,  in  what  eases,  § 
1336. 

Conditional  examination  of,  allowed,  §  1335. 

Conditional  examination  of,  application,  notice  of,  § 
1338. 

Conditional  examination  of,  deposition  of  prisoner,  § 
1346. 

Conditional  examination,  order,  when  granted,  §  1339. 

Conditional   examination,   order,  what  to  direct,   §   1340. 

Conditional  examination,  testimony,  how  taken,  and  au- 
thenticated,  §    1343. 

Confronted  with,   to  be,  §   686. 

Confronting  with,  not  necessary,  when,   §   686. 

Contempt  by,  §  166. 

Contempt  by  disobeying  subpoena,  §  1331. 

Convict  under  life  sentence  competent,  §  675. 

Coroner's  inquest,  at,  §§  1512-1515. 

Deceiving,    §    133. 

Defendant    as,    §    688. 

Defendant  as,  cross-examination,  what  proper,  §  1323. 

Defendant  as,  neglect  or  refusal  not  to  prejudice,  § 
1323. 

Defendant  cannot  be  compelled  to  testify  against  him- 
self, §  688. 

Defendant  discharged  that  he  may  be,  §§   1099-1101. 

Defendant  entitled  to  produce,  §  686. 

Depositions:   See  Depositions. 

Destroying  evidence,   §   135. 

Dissuading    to    attend,    §    136. 

Dueling,   privilege   of   witness   in    prosecution    for,   §   232. 

Election  eases,  privilege  of  witness  in,  §  64. 

Expenses  of  poor  or  out  of  county,  payment  of,  §  1329. 


954 


False  evidence,  offering,  §  132. 

False   evidence,   preparing,   §  134. 

Gambling,  privilege  of  witness  at  prosecution  for,  §  334. 

Gaming,   privilege   of   witness,   §   333. 

Gaming,  witness  not  attending  trial,  §  333. 

Habeas  corpus,  at  hearing,  §§   1484,  1489. 

Husband  and  wife,  incompetent,  when,   §  1322. 

Imprisoned  in  another  county,  deposition  of,  §  1346. 

Imprisoned,  ordering  temporary  removal  of  and  pro- 
ceedings on,  §   1333. 

Infant,  security  for  appearance,  §  880. 

Influencing  unlawfully,   §§    137,    138. 

Juror  as,  §  1120. 

Juror  challenged,  may  be  examined  as,  §  1081. 

Legislature,  before,  refusal  to  be  sworn  or  to  give  evi- 
dence, §   87. 

Married  woman,  security  for  appearance,  §  880. 

No  privilege  of  in  prosecution  for  lobbying,  §  89. 

Oath  of  before  grand  jury,  §  918. 

Officer,  in  proceedings  to  remove,  §  768. 

Out  of  county,  compelling  attendance  of,  §  1330. 

Preliminary   examination   at,   §§   865-867. 

Preliminary  examination,  undertaking  to  appear  at,  §§ 
878-882. 

Preventing  attendance  of,  §  136. 

Prisoner  as,  how  brought  into  court,  §  1567. 

Prisoner  as,  temporary  removal  of  and  proceedings  on, 
§   1333. 

Prisoner,  as  witness,  deposition  of,  §  1346. 

Privilege  of,  on  charge  of  dueling,  §  232. 

Eefusing  to  attend  at  trial  for  gambling,  §  333. 

Special  proceedings,  at,  §  1564. 

Subpoena,  coroner  may  issue,  §  1512. 

Subpoena,  defined,  §   1326. 

Subpoena,    disobeying   is    contempt,    §    1331. 

Subpoena,  disobeying,  civil  liability  for,  §  1331. 

Subpoena,  form  of,  §  1327. 

Subpoenas,  in  special  proceedings,  §  1564. 


WITNESS— WORDS  AND  PHRASES.  956 

Subpoena,  justice  or  police  judge  may  issue,  §  1459. 

Subpoena,  justice  or  police  judge  may  punish  disobedi- 
ence, §   1459. 

Subpoena,  served  how  and  by  whom,  §  1328. 

Subpoena,  service,  return  of,   §   1328. 

Subpoena  to,  out  of  county,  §   1330. 

Subpoena,  who  may  issue,  §'  1326. 

Treason,  to,  §   1103. 

Undertaking  to  appear  forfeited  by  nonappearance,  § 
1332. 

Undertaking  for  appearance  at  preliminary  examination, 
§  878. 

Who    may   be,    §    1321. 

Wife  may  testify  where  husband  places  her  in  house  of 
prostitution  or  consents  or  connives,  §  266g. 

WOOD:    See   Fires. 

Defacing  marks  or  putting  false  marks  on,  §  356. 
Setting  fire  to,  §  384. 

WORDS  AND  PHRASES:   See  Definitions. 

Animal,   §    599b. 

Bribe,  §  7. 

Building,  §  448. 

Construction,  rules  governing,  §  7. 

Construed  according  to  context  and  approved  usage  of 
language,   §   7. 

Construction  of  words  used  in  indictment  or  informa- 
tion, §§  957,  958. 

Corruptly,  §  7. 

County  includes  city  and  county,  §  7. 

Cruelty,  §  599b. 

Daytime,  §   7. 

Depose  includes  what,  §  7. 

Drugs,   §    383. 

Food,  §  383. 

Freight-car,   §   392. 

Inhabited  building,  §  449. 

Joint  authority,  words  giving,  §  7. 


WORDS   AND   PHRASES. 

Knowingly,  §  7. 
Magistrate,   §   7. 
Malice,   §   7. 
Maliciously,  §   7. 

Masculine  words  in  include  feminine  and  neuter,  §  7. 
Month,  §  7. 
Neglect,  §   7. 
Negligence,  §   7. 
Negligent,  §  7. 
Negligently,   §   7. 
Night-time,  §§    7,  450,  463. 
Oath  includes  affirmation  or  declaration,  §  7. 
Owner,  §  599b. 
Peace  officer,  §  7. 
Person,   §  599b. 

Person  includes   corporation,   §   7. 
Personal   property,   §    7. 
Plural  includes  singular,  §  7. 
Plural  included  in  singular,   §  7. 
Present  tense,  words  in  include  future,  §  7. 
Process,  §  7. 
Property,  §   7. 
Public  moneys,  §  426. 
Eeal  property,  §  7. 
Seal,   §    7. 
Section,   §    7. 
Signature,   §   7. 
"Singular  includes  plural,  §  7. 
Singular  included  in  plural,  §  7. 
State,  what  includes,  §  7. 
Subscription,    §    7. 
Technical  words  and  phrases,  §  7. 
Testify  includes   what,   §    7. 
Torment,    §    599b.  \ 

Torture,  §  599b. 

United  States,  what  includes,  §   7. 
Vessels,  §  7. 

Will,    §    7.  .  ■, 

Willfully,  §  7. 


WORDS    AND     PHRASES— WRITTEN    INSTRUMENT.  a 

Writ,  §  7. 

Writing  includes  printing  and  typewriting,  §  7. 

WORKS  OF  ART,  etc.,  injuring,  §§  622,  623. 

WRECK:    See   Shipping. 

Defacing   marks   upon  wrecked   property,   §   355. 
Detaining  wrecked  property  after  salvage  paid,  §  544. 
Possession   of   wrecked    property,    §    545. 
Taking  wrecked  property,   §   545. 
Train-wrecking,  §  218. 

WRIT   defined,   §   7. 

WRITING   includes  printing,   etc.,    §    7. 
Obscene,  §§  311-314. 

WRITTEN  INSTRUMENT,   destroying,   §   617. 

Value   of,   on   charge    of   larceny,    §§    492,   494. 


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University  ,f  California  LiB,^ 

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